Rule-making Standards and Procedures
(with 11/7/14 amendments)
STATEMENT OF BASIS AND PURPOSE
Summary of the basis and purpose for the rule or rule change. (State what the rule says or does, explain why the rule or rule change is necessary and what the program hopes to accomplish through this rule.)
The purpose for the rule changes are to:
● Remove outdated goals, definitions and language;
● Re-structure rules to be more easily understood by workers and supervisors;
● Add new rules that have been approved by the Child Welfare Sub-Policy Advisory Committee (Sub-PAC) covering:
○ Jurisdiction
○ New safety and risk assessment
○ New definitions
○ Case closure summaries
○ Domestic violence
● [Increase the Core Services Program Special Economic Assistance (SEA) limit from $400 per family to within the limits of the available appropriation for each county department.]
An emergency rule-making (which waives the initial Administrative Procedure Act noticing requirements) is necessary:
| |to comply with state/federal law and/or |
| |to preserve public health, safety and welfare |
Explain:
Authority for Rule:
State Board Authority: 26-1-107, C.R.S. (2014) - State Board to promulgate rules; 26-1-109, C.R.S. (2014) - state department rules to coordinate with federal programs; 26-1-111, C.R.S. (2014) - state department to promulgate rules for public assistance and welfare activities.
|Initial Review | 09/05/2014 |Final Adoption | 11/07/2014 |
|Proposed Effective Date |01/01/2015 |EMERGENCY Adoption |N/A |
DOCUMENT 1
_______________
[Note: “Strikethrough” indicates deletion from existing rules, “all caps” indicates addition of new rules,
and brackets denote changes since initial review.]
STATEMENT OF BASIS AND PURPOSE (continued)
Program Authority: (give federal and/or state citations and a summary of the language authorizing the rule-making)
19-1-116(1.5), (2)(b)(I), C.R.S. (2014) - alternative services to prevent continued involvement with county child welfare system, including goals in alternative services in plan;
26-5-110, C.R.S. (2014) - requires rule-making (regarding guardianship);
26-5.5-103(1), C.R.S. (2014) - authorizes State Board to establish “at risk” criteria;
26-5.5-104(2)(b), (4)(a)(l), C.R.S. (2014) - expands to families at risk of being involved in the child welfare system;
26-5-201, C.R.S. (2014) - provision of Child Welfare Services–system reform goal
| |Yes |X |No |
| |Yes |X |No |
Does the rule incorporate material by reference?
Does this rule repeat language found in statute?
If yes, please explain.
The program has sent this proposed rule-making package to which stakeholders?
[All 64 county departments of human or social services, Ute Mountain Ute Tribe, Southern Ute Tribe,] Colorado Department of Human Services (CDHS) Policy Advisory Committee (PAC), the Division of Child Welfare PAC-Subcommittee members, CDHS Administrative Review Division, County Departments of Human/Social Services, Office of Information and Technology - Colorado Trails Automation, Child Protection Task Group, Office of the Child’s Representative, Child Protection Ombudsman’s office, Rocky Mountain Children’s Law Center, Child Welfare Executive Leadership Council, Child Welfare Training Academy, [CDHS Child Abuse Neglect Dispute Review Section, CDHS Domestic Violence Program, 17th Judicial District Courts, 2-1-1 Colorado, A Brighter Day, Advocates for Children, Annie E. Casey Foundation, Aurora Community Connection Family, Resource Center, Bridges Child Placement Agency, Colorado Association of Family and Children’s Agencies (CAFCA), Casey Family Programs, Colorado Counties Inc. (CCI), Child Protection Task Group, Colorado Coalition Against Domestic Violence, Colorado Commission of Indian Affairs, Colorado Human Services Directors Association, Colorado State Court Administrator's Office, Denver Indian Family Resource Center, El Pueblo Adolescent Treatment Community, El Pueblo Boys and Girls Ranch, Inc., Family Resource Center Association, Forest Heights Lodge, Hayes E-Government Resources, Inc., Colorado Department of Health Care Policy and Financing, Hilltop Residential Youth Services, Hornby Zeller Associates, Jefferson Hills, Kempe Center for the Prevention and Treatment of Child Abuse and Neglect, Lowry Family Center, Promoting Safe and Stable Families, Roundup School and Day Treatment, Safehouse, Denver Savio House, Inc., Su Casa Special Care Home, Synergy, Tennyson Center For Children, The Pinon Project Family Resource Center, and Unify, Inc.]
Attachments:
Regulatory Analysis
Overview of Proposed Rule
Stakeholder Comment Summary
REGULATORY ANALYSIS
(complete each question; answers may take more than the space provided)
1. List of groups impacted by this rule:
Which groups of persons will benefit, bear the burdens or be adversely impacted by this rule?
Colorado’s children and families will benefit from the proposed rule changes due to improved casework practice as a result of expectations being clear. Colorado Department of Human Services and the County Departments of Human Services caseworkers and supervisors will benefit from having clear expectations and rules that are easier to understand. There is no expectation of burden to county department staff in implementing the changes. Statewide, child welfare staff will be positively impacted having clear expectations and rules to use with county staff as a basis for training and technical assistance.
Children, youth, and families will benefit from this rule because it will allow counties the opportunity to provide a higher amount of Special Economic Assistance (SEA) in an effort for families to safely care for their children.
Counties who do not have available funding, and/or choose not to provide SEA, or the higher amount of SEA will continue with their current Child Welfare practices. Children, youth, and families that cannot access the increase of SEA may be adversely impacted [as their needs may exceed existing resources].
2. Describe the qualitative and quantitative impact:
How will this rule-making impact those groups listed above? How many people will be impacted? What are the short-term and long-term consequences of this rule?
This rule re-write will allow for the local county departments of human services to give better and more accurate guidelines for new child welfare caseworkers when working with families to insure the safety and well-being of children, youth and families. The rules currently do not completely align with the Colorado Children’s Code. The goal is to update the rules to be in compliance with statutory requirements and to provide consistency to the State and county departments of human services.
The short-term positive impact/consequences of the increase option for SEA are that children/youth/families will receive the right services at the right time to keep their children safe.
The long-term positive impact/consequence are children/youth/families will be able to access an increase of SEA and mitigate families needing to maintain the least restrictive setting of the child. Providing the increase in SEA may enhance a family’s ability to safely care for their children/youth, and prevent out of home placement.
3. Fiscal Impact:
For each of the categories listed below explain the distribution of dollars; please identify the costs, revenues, matches or any changes in the distribution of funds even if such change has a total zero effect for any entity that falls within the category. If this rule-making requires one of the categories listed below to devote resources without receiving additional funding, please explain why the rule-making is required and what consultation has occurred with those who will need to devote resources.
REGULATORY ANALYSIS (continued)
State Fiscal Impact (Identify all state agencies with a fiscal impact, including any Colorado Benefits Management System (CBMS) change request costs required to implement this rule change)
The safety and risk assessment are going to be updated in Trails and this will impact workload, which is being absorbed by the Trails team.
County Fiscal Impact
No new county fiscal impact is anticipated since the increase for SEA is at the discretion of the county department.
Federal Fiscal Impact
There is no Federal fiscal Impact.
Other Fiscal Impact (such as providers, local governments, etc.)
There is no other fiscal impact.
4. Data Description:
List and explain any data, such as studies, federal announcements, or questionnaires, which were relied upon when developing this rule?
There was a recent study from Colorado State University regarding the need and validation for a revised safety and risk tool that was used in the rule revision.
5. Alternatives to this Rule-making:
Describe any alternatives that were seriously considered. Are there any less costly or less intrusive ways to accomplish the purpose(s) of this rule? Explain why the program chose this rule-making rather than taking no action or using another alternative.
There were no alternatives considered at this time. It is important to align rule with statute to provide consistency to the county departments of human services.
OVERVIEW OF PROPOSED RULES
Compare and/or contrast the content of the current regulation and the proposed change.
|Section Numbers |Current Regulation |Proposed Change |Stakeholder Comment |
| | | | | | | |
|7.000 |General Information and Policies |Rename to Overview of Child Welfare |__ |Yes |X |No |
| | |Services | | | | |
|7.000.1 |Description of General Information and |Repeal and rename Program Areas and |__ |Yes |X |No |
| |Policies |Definitions, move to 7.600 | | | | |
|7.000.2 |Federal Goals |Repeal and rename Definitions |__ |Yes |X |No |
|7.000.3 |Program Areas |Revise and renumber to 7.000.1 |__ |Yes |X |No |
|7.000.4 |Target Groups |Revise and renumber to 7.000.1 |__ |Yes |X |No |
|7.000.5 |Definitions – Child Care Services, Child |Move and renumber to 7.000.2, A |__ |Yes |X |No |
| |Welfare Child Care, County Department, | | | | | |
| |Independent Living Arrangement, | | | | | |
| |Independent Living Plan, Provided Service,| | | | | |
| |State Department, Supplemental Security | | | | | |
| |Income, Supportive Activities, | | | | | |
|7.000.5 |[Applicant, Application,] Delinquent |Repeal |__ |Yes |X |No |
| |Child, Intake, Recipient, Safety | | | | | |
|7.000.5 |Definitions – Child, Child Welfare |Move to 7.000.2 and revise to align with |__ |Yes |X |No |
| |Services, Client, Concurrent Planning, |Children’s Code | | | | |
| |Emancipation from Foster Care, | | | | | |
| |Emancipation Transition Plan, Fair | | | | | |
| |Hearing, Family, Provider, Purchased | | | | | |
| |Services, Reasonable Efforts, Sibling | | | | | |
|Section Numbers |Current Regulation |Proposed Change |Stakeholder Comment |
|7.000.5 |Definitions – [Actual Knowledge,] |New Rule to include definitions of |__ |Yes |X |No |
| |Alleged Victim, Caregiver, Delinquent Act,|commonly-used language | | | | |
| |Domestic Violence, Emotional Abuse, Foster| | | | | |
| |Care, Gray Area, Household, Juvenile, | | | | | |
| |Mandated Reporter, Primary Caregiver, | | | | | |
| |Risk, Severe Neglect-egregious, Severe | | | | | |
| |Neglect-near fatal, Severe Physical | | | | | |
| |Abuse-egregious, Severe Physical | | | | | |
| |Abuse-near fatal, State automated case | | | | | |
| |management system, Support Plan, Third | | | | | |
| |Party Abuse, Youth | | | | | |
|7.000.6, A |County responsibility to administer |Move to 7.601.1, A |__ |Yes |X |No |
| |program | | | | | |
|7.000.6, B |County responsibility to use forms and |Move to 7.601.1, B |__ |Yes |X |No |
| |report | | | | | |
|7.000.6, C |County responsibility to advise residents |Revise and Move to 7.601.3, D |__ |Yes |X |No |
|7.000.6, D |County responsibility to advise clients |Revise and Move to 7.601.3, C |__ |Yes |X |No |
| |leaving the county | | | | | |
|7.000.6, E |County responsibility to respond to |Move to 7.601.2 ,C |__ |Yes |X |No |
| |requests from other counties | | | | | |
|7.000.6, F |County responsibility to document |Move to 7.601.1,B |__ |Yes |X |No |
|7.000.6, G |County responsibility for client contact |Move to 7.601.4, C |__ |Yes |X |No |
|7.000.6, H, I |County responsibility for investigation |Move to 7.601.9, A-C |__ |Yes |X |No |
|7.000.6, J |County responsibility to advise clients of|Revise and move to 7.601.3, B |__ |Yes |X |No |
| |responsibility to report | | | | | |
|7.000.6, K |County responsibility to advise clients |Revise and move to 7.601.3, A |__ |Yes |X |No |
|Section Numbers |Current Regulation |Proposed Change |Stakeholder Comment |
|7.000.6, L |County responsibility to use volunteers |Revise and move to 7.602.2 |__ |Yes |X |No |
|7.000.6, M-O |County responsibility to ensure personnel |Move to 7.602.1 and add placeholder for |__ |Yes |X |No |
| |meet minimum qualifications |hotline staff qualifications | | | | |
|7.000.7 and 7.000.71 |Clients Rights, Anti-Discrimination |Repeal section header (Clients Rights) and|__ |Yes |X |No |
| | |revise Anti-Discrimination to section | | | | |
| | |header and move to 7.604 | | | | |
|7.000.71, N |Receipt of Referral – Intrafamilial or |Revise and Move to 7.103.1 |__ |Yes |X |No |
| |Third Party | | | | | |
|7.000.72 |Confidentiality |Move to 7.605.1 |__ |Yes |X |No |
|7.000.72, A |Confidentiality |Revise and Move to 7.605.1, A |__ |Yes |X |No |
|7.000.72, B |Confidentiality – release of information |Move to7.605.2, C |__ |Yes |X |No |
|7.000.72, C |Confidentiality – obtaining permission |Move to 7.605.2, A |__ |Yes |X |No |
|7.000.72, D |Civil/criminal proceeding |Move to 7.605.23, A |__ |Yes |X |No |
|7.000.72, E |Confidential information, sorted and |Move to7.605.1, B |__ |Yes |X |No |
| |processed | | | | | |
|7.000.72, F |Name of reporting party |Revise and move to 7.605.1, A, 5 |__ |Yes |X |No |
|7.000.72, G |Release of information to court |Move to 7.605.23, B |__ |Yes |X |No |
|7.000.72, H |Confidential release of information |Move to 7.605.2, B |__ |Yes |X |No |
| |restricted | | | | | |
|7.000.72, I |County process for clients to access |Move to 7.605.24 |__ |Yes |X |No |
| |records | | | | | |
|7.000.72, J |County shall share information |Revise and Move to 7.605.22, A |__ |Yes |X |No |
|7.000.72, K, |Individuals participating in foster care |Revise and Move to 7.605.22, B |__ |Yes |X |No |
| |review | | | | | |
|7.000.72, L |Foster Care Review |Revise and Move to 7.605.22, B |__ |Yes |X |No |
|7.000.72, M |Entering Confirmed Reports |Revise and Move to 7.605.21, A |__ |Yes |X |No |
|Section Numbers |Current Regulation |Proposed Change |Stakeholder Comment |
|7.000.72, N |Use of unconfirmed reports |Move to [7.103.1, A, 7.605.4, C] |__ |Yes |X |No |
|7.000.72, O |Use of confidential information for |Move to 7.605.25 |__ |Yes |X |No |
| |conflict resolution | | | | | |
|7.000.72, P |Use of confidential information for county|Revise and Move to 7.605.4, A-B |__ |Yes |X |No |
| |purposes. | | | | | |
|7.000.72, Q |Background checks |Revise and Move to 7.605.22, C |__ |Yes |X |No |
|7.000.72, R |Unauthorized release of confidential |Move to 7.605.5 |__ |Yes |X |No |
| |information | | | | | |
|7.000.73 |Fees Records and Reports |Move to 7.609 |__ |Yes |X |No |
|7.000.74 |Local Dispute Resolution Process |Revise and move to 7.610 |__ |Yes |X |No |
|7.000.75 |State Appeal |Move to 7.611 |__ |Yes |X |No |
|7.001 |Prevention and Intervention Definitions |Revise and move to 7.200.1 |__ |Yes |X |No |
|7.001.1 |Referral |Move to 7.200.14 |__ |Yes |X |No |
|7.001.11 |Application |Repeal |__ |Yes |X |No |
|7.001.2 |Initial Functional Assessment |Move to 7.200.15 |__ |Yes |X |No |
|7.001.3 |Eligibility Determination |Move to 7.200.1 |__ |Yes |X |No |
|7.001.4 and 7.001.41 |Determination of Funding Source |Revise and Move to 7.601.8, 7.601.81 |__ |Yes |X |No |
|7.001.42 |Title IV-E Adoption Assistance |Repeal |__ |Yes |X |No |
|7.001.43 |Title IV-E Eligibility – Foster Care |Repeal |__ |Yes |X |No |
| |Placement of a Child Under a Subsidized | | | | | |
| |Adoption | | | | | |
|7.001.44 |Supplemental Security Income |Move to 7.601.82 |__ |Yes |X |No |
|7.001.45 |Title IV-A Emergency Assistance |Move to 7.601.83 |__ |Yes |X |No |
|7.001.46 |Without Regard to Income |Move to 7.601.84 |__ |Yes |X |No |
|7.001.5 |Formal Assessment |Repeal |__ |Yes |X |No |
|Section Numbers |Current Regulation |Proposed Change |Stakeholder Comment |
|7.001.6 |Case Contact Requirements |Revise and Move to 7.204 |__ |Yes |X |No |
|7.001.7 |Case Closure |Move to 7.205 |[_X |Yes |__ |No] |
|7.002 |Documentation in Case Records |Move to 601.7 |__ |Yes |X |No |
|7.002.1 |Case Recording |Move to 7.601.7 |__ |Yes |X |No |
|7.002.11 |Case Records |Repeal |__ |Yes |X |No |
|7.003 |Purchase of Services |Revision of Section Title and Move to |__ |Yes |X |No |
| | |7.607 | | | | |
|7.003.1 |Definitions |Move to 7.607.1 |__ |Yes |X |No |
|7.003.2 |Contracting Requirements |Move to 7.607.2 |__ |Yes |X |No |
|7.003.3 |Purchase of Program Services |Move to 7.607.3 |__ |Yes |X |No |
|7.003.4 |Administrative Services |Move to 7.607.4 |__ |Yes |X |No |
|7.102 |Hotline Requirements |New Rule |__ |Yes |X |No |
|7.103.11, 7.103.12, and 7.103.21 |Jurisdiction |New Rule |[_X |Yes |__ |No] |
|7.107 |Instruments, Tools and Interview |New Rule |__ |Yes |X |No |
| |Procedures | | | | | |
|7.107.23 |Risk Analysis |New Rule |__ |Yes |X |No |
|7.200 |Overview of Child Welfare Services |Move to 7.000 |__ |Yes |X |No |
|7.200.1 |Program Area 3 Eligibility Criteria |Move to 7.200.1, A |__ |Yes |X |No |
|7.200.2 |HIV Policy |Move 7.608 |__ |Yes |X |No |
|7.200.3 |Child Welfare Grievance Resolution Process|Move to 7.606 |__ |Yes |X |No |
|7.200.4 |Required Notice of Rights and Remedies |Revise and Move to 7.601.31 and 7.103.9 |__ |Yes |X |No |
|7.200.5 |Mandatory Reporting of Child Abuse or |Move to 7.601.5 |__ |Yes |X |No |
| |Neglect | | | | | |
|7.200.6 |Referrals |Move to 7.101, 7.000.2, A |__ |Yes |X |No |
|7.200.61 |Documentation of Referrals |Revise and move to 7.101.1, 7.202.61, |__ |Yes |X |No |
| | |7.103.6, and 7.103.9 | | | | |
|Section Numbers |Current Regulation |Proposed Change |Stakeholder Comment |
|7.201.1 and 7.201.2 |Definition of Program Area 4 |Move to 7.001, B |__ |Yes |X |No |
|7.201.3 |Initial Assessment |Move to 7.201.1 |__ |Yes |X |No |
|7.202 |Program Area 5 – Children in Need of |Move to 7.001, C |__ |Yes |X |No |
| |Protection | | | | | |
|7.202.1 |(None) |Repeal |__ |Yes |X |No |
|7.202.2 |(None) |Repeal |__ |Yes |X |No |
|7.202.3 |Definitions – Abuse, Agency Response, |Move to 7.000.2, A |__ |Yes |X |No |
| |Assessment, Colorado Safety Assessment | | | | | |
| |Tool, Differential Response, Present | | | | | |
| |Danger, RED Team, Safe, Threat of Moderate| | | | | |
| |to Severe Harm, Unfounded | | | | | |
|7.202.3 |Definitions – De Novo, Domestic Partner, |Move to 7.000.2 and Revise to align with |__ |Yes |X |No |
| |Egregious Incident of Abuse and/or |Children’s Code | | | | |
| |Neglect, Expunge, Facility, Family | | | | | |
| |Assessment Response (FAR), Finding, | | | | | |
| |Founded, Framework, Good Cause, High Risk | | | | | |
| |Assessment (HRA), Impending Danger, | | | | | |
| |Inconclusive, Intrafamilial Abuse and/or | | | | | |
| |Neglect, Institutional Abuse, Moderate to | | | | | |
| |Severe Harm, Near Fatality, Preponderance | | | | | |
| |of Evidence, Safety Plan, Spousal | | | | | |
| |Equivalent, Traditional Response, Unsafe | | | | | |
|7.202.4, A |Procedures for Referrals of Abuse or |Revise and Move to 7.601.4, A and 7.000.2,|__ |Yes |X |No |
| |Neglect |A | | | | |
|7.202.4, B |Response protocols |Revise and Move to 7.601.4,B |__ |Yes |X |No |
|7.202.4, C |Appropriate information to reporting party|Repeal |__ |Yes |X |No |
|Section Numbers |Current Regulation |Proposed Change |Stakeholder Comment |
|7.202.4, D |Information to mandatory reporters |Move to 7.103.8 |__ |Yes |X |No |
|7.202.4 D, 1–13 |List of mandatory reporters |Repeal 1–13 |__ |Yes |X |No |
|7.202.4, E |Referral information into automated system|Revise and move to 7.103.9 |__ |Yes |X |No |
|7.202.4, F |Gathering and documenting information |Revise and Move to 7.103.1 |__ |Yes |X |No |
|7.202.4, G |County shall assign referral |Revise and Move to 7.103.6 and to 7.000.2,|__ |Yes |X |No |
| | |A | | | | |
|7.202.4, H |Procedures for Referrals of Abuse and or |Revise and Move to 7.103.5 |__ |Yes |X |No |
| |Neglect | | | | | |
|7.202.4, I |Procedures for Referrals of Abuse and or |Revise and Move to 7.103.1 |__ |Yes |X |No |
| |Neglect | | | | | |
|7.202.4, J |Procedure for Referrals of Abuse and or |Revise and Move to 7.103.9 |__ |Yes |X |No |
| |Neglect | | | | | |
|7.202.4, K |Procedures for Referrals of Abuse and or |Revise and Move to 7.103.61; add new |__ |Yes |X |No |
| |Neglect |clarifying rule language | | | | |
|7.202.41, A |Referral Response Process |Revise and Move to 7.103.61; add new |__ |Yes |X |No |
| | |clarifying rule language | | | | |
|7.202.41, B |Differential Response |Move to 7.103.61 and 7.000.2, A |__ |Yes |X |No |
|7.202.41, C |Differential Response Application Process |Revise and Move to 7.103.7 |__ |Yes |X |No |
|7.202.41, E |Documentation |Revise and move to 7.103.9 |[_X |Yes |__ |No] |
|7.202.5 |Assessment Procedures |Revise and move to 7.104, A and 7.104.122;|__ |Yes |X |No |
| | |add new clarifying rule language | | | | |
|7.202.51 |Written Procedures |Revise and Move to 7.601.2 and 7.103.8 |__ |Yes |X |No |
|7.202.52, A-Q |Assessment Requirements |Revise and move to 7.104.41, 7.104.11, |__ |Yes |X |No |
| | |7.107.15, 7.104.13,B, 7.104.122, | | | | |
| | |E,F,7.104.13, D, 7.104.1,B, 7.000.2, A; | | | | |
| | |add new clarifying rule language | | | | |
|Section Numbers |Current Regulation |Proposed Change |Stakeholder Comment |
|7.202.53 |Safety Intervention Model |Revise and Move to 7.000.2, A , 7.104, C |__ |Yes |X |No |
|7.202.531 |Child Safety at Initial Contact |Revise and Move to 7.104, B, 7.104.13, H |__ |Yes |X |No |
|7.202.532 |Parameters for Use of the Colorado Safety |Revise and Move to 7.107.11; New Rule |__ |Yes |X |No |
| |Assessment Instrument |regarding updated Colorado Safety | | | | |
| | |Assessment Tool | | | | |
|7.202.532, B |Exception for completing Safety Assessment|Repeal |__ |Yes |X |No |
|7.202.532, C |Documentation of Safety Assessment |Revise and Move to 7.107.17, A, B |__ |Yes |X |No |
|7.202.533 |The Colorado Safety Assessment Instrument |Revise and Move to 7.107.12, 7.107.13, |__ |Yes |X |No |
| | |A,B, 7.104.14, A-D, 7.107.15 | | | | |
|7.202.534 |Safety Planning and Documentation |Revise and Move to 7.107.16, A-B, |__ |Yes |X |No |
| | |7.107.16, I | | | | |
|7.202.54 |Colorado Family Risk Assessment |Revise, add new Rule, and Move to |__ |Yes |X |No |
| | |7.107.17, B, 7.107.21, A, B, 7.107.22 A, | | | | |
| | |7.107.24, A | | | | |
|7.202.55 |Institutional Abuse or Neglect |Revise and move to 7.000.2, A, 7.104.21, |__ |Yes |X |No |
| |Investigations |7.104.21,7.104.22, A, 7.104.23, 7.104.24, | | | | |
| | |A, 7.013.2, 7.104.22 | | | | |
|7.202.56 |Third Party abuse or Neglect |Move to 7.104.31, A-C |__ |Yes |X |No |
|7.202.57 |Conclusion of Investigation |Revise and Move to 7.104.12, 7.104.121, A,|__ |Yes |X |No |
| | |B, 7.104.13, A, 7.104.14, B | | | | |
|7.202.6 |Requirements Concerning County Entry of |Revise and Move to 7.104.122, A, B, 7.108,|__ |Yes |X |No |
| |Founded Findings |A-D, 7.108.1, 7.108.2 | | | | |
|7.202.601 |Definitions – Minor Neglect, Minor |Revise and move to 7.000.2 |__ |Yes |X |No |
| |Physical Abuse, Moderate Neglect, Moderate| | | | | |
| |Physical Abuse, Severity Level, Severe | | | | | |
| |Physical Abuse | | | | | |
|Section Numbers |Current Regulation |Proposed Change |Stakeholder Comment |
|7.202.601 |Definitions - Authorized Caregiver, Child |Move to 7.000.2 |__ |Yes |X |No |
| |in Need of Services, Environment injurious| | | | | |
| |to the welfare of a child, Fatal Neglect, | | | | | |
| |Fatal Physical Abuse, Severe Neglect | | | | | |
|7.202.602 |Entering Founded Findings Reports of Child|Revise and Move to 7.104.131, B |__ |Yes |X |No |
| |Abuse or Neglect | | | | | |
|7.202.603 |Notice to Law Enforcement and District |Move to 7.104.14, C |__ |Yes |X |No |
| |Attorney | | | | | |
|7.202.604 |Notice to the Person Found to be |Move to 7.104.14, C |__ |Yes |X |No |
| |Responsible for Abuse or Neglect | | | | | |
|7.202.605 |State Level Appeal Process |Move to 7.109 |__ |Yes |X |No |
|7.202.606 |State Fair Hearing Before the office of |Move to [7.110 7.104.15,C,1] |__ |Yes |X |No |
| |administrative Courts | | | | | |
|7.202.607 |Transition to the New Appeal process |Move to 7.111 |__ |Yes |X |No |
|7.202.608 |State Department Office of Appeals |Move to 7.112 |__ |Yes |X |No |
| |Functions | | | | | |
|7.202.609 |Confidentiality of Appeal Records |Move to 7.113 |__ |Yes |X |No |
|7.202.61 |Child Protection Teams |Move to 7.601.6 |__ |Yes |X |No |
|7.202.62 |Provision of Ongoing Child Protection |Move to 7.202.1 |__ |Yes |X |No |
| |Services | | | | | |
|7.202.7 |Special Categories of Investigations |Revise Header and Move to 7.106 |__ |Yes |X |No |
|7.207.71 |Definitions |Revise and Move to 7.000.2, B, and |__ |Yes |X |No |
| | |7.000.2, A and 7.106.2, A | | | | |
|7.202.72, A |County Procedures for Assessment of |Revise and Move to 7.106.21 |__ |Yes |X |No |
| |Referrals of Medical Neglect of Infants | | | | | |
| |with Disabilities | | | | | |
|7.202.72, B, D-F, H |County responsibilities |Revise and Move to 7.106.22 |__ |Yes |X |No |
|Section Numbers |Current Regulation |Proposed Change |Stakeholder Comment |
|7.202.72, C, G |County responsibilities |Revise and Move to 7.106.23 |__ |Yes |X |No |
|7.202.73 |Ongoing Services for Cases of Medical |Move to 7.202.2 | | | | |
| |Neglect | | | | | |
|7.202.74, A |Assessment of Medical Neglect in Which |Revise and Move to 7.106.3 |__ |Yes |X |No |
| |Religious Considerations are Involved | | | | | |
|7.202.74, B-D, F |Medical evaluations |Revise and Move to 7.106.31, A |__ |Yes |X |No |
|7.202.74,E |Spiritual Healing |Revise and Move to 7.106.32 |__ |Yes |X |No |
|7.202.74,G |Parental interference |Revise and Move to 7.106.33 |__ |Yes |X |No |
|7.202.75 |Assessment, Reporting and Review of an |Revise and Move to 7.106.11, A |__ |Yes |X |No |
| |Incident of Egregious Abuse or Neglect | | | | | |
| |Against A Child, a Child Near Fatality or | | | | | |
| |a Child Fatality | | | | | |
|7.202.76 |Assessment Procedures |Revise and Move to 7.106.11, B |__ |Yes |X |No |
|7.202.77 |Reporting to the State |Revise and Move to 7.106.13 |__ |Yes |X |No |
|7.202.78 |Additional Actions When County Department |Revise and Move to 7.106.121 |__ |Yes |X |No |
| |has had Prior/Current Child Welfare | | | | | |
| |Involvement | | | | | |
|7.202.8 |State Review of an Incident of Egregious |Revise and Move to 7.106.14 |__ |Yes |X |No |
| |Abuse or Neglect Against a Child, Near | | | | | |
| |Fatality or Child Fatality | | | | | |
|7.203, 7.203.1 |Program Area 6 |Revise and move to 7.001, D |__ |Yes |X |No |
|7.203.2 |Child with Adoption assistance |Move to 7.203.1 |__ |Yes |X |No |
|Section Numbers |Current Regulation |Proposed Change |Stakeholder Comment |
|7.203.3 |Child with Medical only Services |Move to 7.203.2 |__ |Yes |X |No |
|7.203.4 |Children whose disposition is no longer |Move to 7.203.3 |__ |Yes |X |No |
| |reunification | | | | | |
|7.203.5 |Young Adults who have emancipated |Move to 7.203.4 |__ |Yes |X |No |
|[7.301.1 |North Carolina Family Assessment Scale |Removes this requirement |__ |Yes |X |No] |
| |(NCFAS) Requirement | | | | | |
|[7.301.1, B through I |NCFAS and NCFAS-R |Remove NCFAS and NCFAS-R requirements |__ |Yes |X |No] |
|[7.301.231, A through G] |Documentation requirements |Changed to reflect actual functionality |__ |Yes |X |No] |
| | |and documentation requirements to reflect | | | | |
| | |new practice | | | | |
|7.303.1 |Special Economic Assistance |Revise Rule |__ |Yes |X |No |
|7.304.21, A |Definition of Kin |Move to 7.000.2, A |__ |Yes |X |No |
|7.500.1 and 7.500.11 |Program for Resource Development (Program |Revise and move to 7.001, E |__ |Yes |X |No |
| |Area 7) | | | | | |
|7.602 |Staff Qualifications and Volunteers |New Section Title |__ |Yes |X |No |
|7.602.1, 3, 4 |Placeholder for hotline staff |New Rule |__ |Yes |X |No |
| |qualifications | | | | | |
|7.603 |Child Welfare Training Academy |New Section Title |__ |Yes |X |No |
| |Requirements – Placeholder | | | | | |
|7.605.3 |Use of Confidential Information-Release |New Section Title |__ |Yes |X |No |
| |not required | | | | | |
|7.605.32 |Assessments of known or suspected |New Rule |__ |Yes |X |No |
| |incidents of child abuse and neglect | | | | | |
| | | | | | | |
STAKEHOLDER COMMENT SUMMARY
DEVELOPMENT
The following individuals and/or entities were included in the development of these proposed rules (such as other Program Areas, Legislative Liaison, and Sub-PAC):
CDHS invited community stakeholders to participate in meetings that were held at CDHS for county input on January 22, 2014, January 30, 2014, [February 5, 2014, February 7, 2014, February 24, 2014, March 5, 2014, March 7, 2014, March 27, 2014, April 1, 2014, April 10, 2014, April 24, 2014, April 28, 2014, April 30, 2014, May 2, 2014, May 19, 2014, May 30, 2014, June 2, 2014, June 9, 2014, August 15, 2014, and August 19, 2014.]
[Four hundred fifty four (454) invitations sent out to the following stakeholders soliciting their participation in these meetings and/or webinars include: ]
[All Colorado County Departments; Ute Mountain Ute Tribe; Southern Ute Tribe; 17th Judicial District Courts; 2-1-1 Colorado; A Brighter Day; CDHS Administrative Review Division; Advocates For Children; Annie E. Casey Foundation; Aurora Community Connection Family; Resource Center; Bridges Child Placement Agency, Colorado Association of Family and Children’s Agencies (CAFCA), Casey Family Programs, Colorado Counties Inc. (CCI), Child Protection Task Group; Colorado Coalition Against Domestic Violence; Colorado Commission of Indian Affairs; Colorado Human Services Directors Association; Colorado State Court Administrator's Office; Denver Indian Family Resource Center; Domestic Violence Program; El Pueblo Adolescent Treatment Community; El Pueblo Boys and Girls Ranch, Inc.; Family Resource Center Association; Forest Heights Lodge; Governor's Office Of Information Technology; Hayes E-Government Resources, Inc.; Colorado Department of Health Care Policy and Financing; Hilltop Residential Youth Services; Hornby Zeller Associates; Jefferson Hills; Kempe Center for the Prevention and Treatment of Child Abuse and Neglect; Lowry Family Center; Office of Colorado's Child Protection Ombudsman; Office of the Child's Representative; Promoting Safe and Stable Families; Rocky Mountain Children's Law Center; Roundup School and Day Treatment; Safehouse Denver; Savio House, Inc.; Su Casa Special Care Home; Synergy; Tennyson Center for Children; the Pinon Project Family Resource Center; and Unify Inc.]
[CDHS presented these rule revisions at Child Welfare Sub-PAC On November 7, 2013, January 9, 2014, February 6, 2014, March 6, 2014, April 3, 2014, May 8, 2014, August 7, 2014, September 4, 2014, and November 6, 2014.]
The following groups were consulted and their recommendations were included in the rule re-write process: Colorado Department of Human Services (CDHS) Policy Advisory Committee (PAC), the Division of Child Welfare PAC-Subcommittee members, CDHS Administrative Review Division, County Departments of Human/Social Services, Office of Information and Technology - Colorado Trails Automation, Child Protection Task Group, Office of the Child’s Representative, Ombudsman’s office, Rocky Mountain Children’s Law Center, Child Welfare Executive Leadership Council, Child Welfare Training Academy
STAKEHOLDER COMMENT SUMMARY (continued)
THIS RULE-MAKING PACKAGE
The following individuals and/or entities were contacted and informed that this rule-making was proposed for consideration by the State Board of Human Services:
The following individuals and entities were informed of the rule re-write process: Child Protection Task Group (CPTG), Child Fatality Review Team (CFRT), Office of the Colorado’s Child Protection Ombudsman’s office, a program of the National Association of Counsel for Children, Colorado Department of Human Services including Administrative Review Division and the Child Welfare Division, and local county stakeholders.
[After the first reading of this rule package on September 5, 2014, additional recommendations were received and incorporated into the changes from the following: Child Welfare Executive Leadership Team; Child Welfare Sub-PAC; Lezlie Mayer, La Plata County; Matt Dodson, Archuleta County; Jennifer Gribble, Cheyenne County; Elizabeth Donovan, Gilpin County; Philip Maes, Chaffee County; Brad Carelli, Delta County; and, Sheri Danz, Office of the Child’s Representative.]
[County feedback meeting and county feedback webinar held week of October 27, 2014.]
Are other State Agencies (such as Colorado Department of Health Care Policy and Financing) impacted by these rules? If so, have they been contacted and provided input on the proposed rules?
| |Yes |X |No |
Have these rules been reviewed by the appropriate Sub-PAC Committee?
|X |Yes | |No |
[Date presented November 7, 2013; January 9, 2014; February 6, 2014; March 6, 2014; April 3, 2014; May 8, 2014; August 7, 2014; September 4, 2014. Were there any issues raised? _X_ Yes No __]
If not, why.
All new rules were approved by Child Welfare Sub-PAC during various meetings over the past year. Counties participated during weekly meetings over the past three months to discuss the rule revisions and repeals.
STAKEHOLDER COMMENT SUMMARY (continued)
[During the September 4, 2014 Sub-PAC meeting:
● Some of the small counties reported concerns with being able to meet the expectation of Section 7.103.9, A and B, regarding documenting in Trails within 24 hours.
● Also during this meeting, Denver County expressed concerns with Section 7.103.12, C, regarding transfer of jurisdiction screening exceptions.
● The Office of the Child’s Representative requested additional clarification on case closure, Section 7.205, to add that the court terminates jurisdiction. ]
Comments were received from stakeholders on the proposed rules:
|X |Yes | |No |
If “yes” to any of the above questions, summarize and/or attach the feedback received by specifying the section and including the Department/Office/Division response. Provide proof of agreement or ongoing issues with a letter or public testimony by the stakeholder.
These were incorporated through the rule rewrite process over the past four months. Four additional webinars were held in May and June to collect additional feedback.
[Attached:
● Child Welfare Sub-PAC meeting minutes, September 4, 2014
● Email exchanges regarding documentation of referral within twenty-four (24) hours and review of trails within 24 hours]
(12 CCR 2509-1)
7.000 OVERVIEW OF CHILD WELFARE SERVICES - PROGRAM AREAS AND TARGET GROUPS FOR 3, 4, 5, 6 AND 7
Child Welfare Services constitutes a specialized set of services defined at Section [26-5-103 26-5-101(3), C.R.S.,] that are intended to strengthen the ability of families to protect and care for their own children, prevent involvement or continued involvement in the child welfare system, minimize harm to children and youth, and ensure permanency planning. The goal shall be to support the intactness of families, when appropriate, through the provision of services aimed at stabilizing the family situation and strengthening the parents/guardians in fulfilling their parental responsibilities to their children. Intervention shall be guided by respect for the family's integrity, knowledge of the legal base for action, and sound social work practice.
The following principles shall underlie the provision of Child Welfare Services:
A. Children and youth shall have the right to be raised in an environment free from abuse or neglect preferably by their families of origin by providing reasonable efforts to maintain the family unit through the provision of in-home services.
B. Placement shall be considered when there is evidence that leaving the child in the home would jeopardize the safety of the child or community. Reasonable efforts shall be made to prevent placement or to reunite the family as soon as safely possible if removal is necessary. In determining reasonable efforts to be made, and in making such reasonable efforts, the child's health and safety shall be the paramount concern. A court may determine that reasonable efforts shall not be required; otherwise, reasonable efforts shall be made to preserve and reunify families.
C. Appropriate and culturally competent services that promote safety shall be provided to families, children, and youth in their own homes and in out-of-home placements.
D. Children and youth who have been removed from the care of their parents shall have the right to a diligent search according to Section 7.304.52 (12 CCR 2509-4) for extended family members who can be considered as placement resources, to be placed in a safe environment, to not be moved indiscriminately from one placement to another, and to have the assurance of a permanency plan.
E. Consideration of the child's age, culture, language, religion, and other needs shall guide the choice of all services provided. Race, color, and national origin of the child and the prospective parents are considered in foster and adoptive placements only in extraordinary circumstances.
F. Case planning shall involve the parents so that relevant services can be provided to permit timely rehabilitation and reunification.
G. Child Welfare Services shall be provided in collaboration with other community agencies on behalf of children, youth, and their families. Assessment tools or resources available through these community agencies shall be incorporated in the assessment, based on the culture and other needs of the family.
7.000.1 DESCRIPTION
There are basic information, legal mandates, and policies generic to the administration and/or provision of services that cut across all program and service areas. These include general administrative responsibilities, protection of clients' rights, responsibilities of clients, case processing and documentation, and reporting requirements. The county departments shall provide services to persons who are eligible and belong to the particular Program Area target groups within the following rules of the Colorado Department of Human Services, subject to available appropriations.
7.000.2 FEDERAL GOALS
Social services made available by county departments shall be directed toward the following federal goals (Title 45, CFR, Subtitle C, Section 2351):
A. achieving or maintaining economic self-support to prevent, reduce, or eliminate dependency;
B. achieving or maintaining self-sufficiency, including reduction or prevention of dependency;
C. preventing or remedying neglect, abuse, or exploitation of children and adults unable to protect their own interests, or preserving, rehabilitating, or reuniting families;
D. preventing or reducing inappropriate institutional care by providing for community based care, home based care, or other forms of less intensive care, and;
E. securing referral or admission for institutional care when other forms of care are not appropriate, or providing services to individuals in institutions.
F. Minimizing the number of children in out-of-home placement for 24 or more months. The yearly goal shall be communicated by Agency Letter. The goal will be achieved through permanency efforts required in Section 7.300.
7.000.3 PROGRAM AREAS (PA) [Rev. eff. 1/1/14]
Services are available from county departments in the following Program Areas:
A. Program for Prevention and Intervention Services to Children, Youth and Families at Risk of Involvement with Child Welfare (PA3)
B. Program for Youth in Conflict (PA 4)
C. Program for Children in Need of Protection (PA 5)
D. Program for Children and Families in Need of Specialized Services (PA 6)
E. Program for Resource Development (PA 7)
7.000.4 TARGET GROUPS
Target groups for the above program areas are included in each area.
7.000.5 DEFINITIONS OF TERMS [Rev. eff. 4/1/12]
The following are definitions of commonly used terms used in this manual:
“Applicant” means a person who has, directly or through someone authorized to act responsibly for him/her, requested social services. Such a person continues as an “applicant” so long as such application remains pending.
“Application” means an action by a person or an authorized representative who indicates verbally or in writing to the county department a desire to receive social services.
“Child” means any person under eighteen (18) years of age.
“Child Welfare Child Care” means child care assistance used to maintain children in their own homes or in the least restrictive out-of-home care when there are no other child care options available. This care is less than twenty-four (24) hours daily. See Section 7.302, “Child Welfare Child Care” (12 CCR 2509-4).
“Child Welfare Services” means service and payments for services (other than medical services covered by the “Colorado Medical Assistance Act” ) available, directly or indirectly, through the social services staff of the state and county departments for the benefit of eligible persons which services are provided pursuant to rules and regulations adopted by the State Department. Child welfare services are defined in Section 26-5-101(3), C.R.S.
“Client” shall mean any applicant or recipient applying for or receiving social services from a county department.
“Concurrent Planning” means the simultaneous preparation of plans to: 1) assist the child's parents in completing a treatment plan that, when completed by the parents, will allow the child to safely return to the parents' home; and, 2) place the child in a setting that will become the child's permanent home if the parents are unable to successfully complete their treatment plan.
“County Department” means a county department of social services or, if applicable, the county agency responsible for providing child welfare services as defined by Section 26-5-101(3), C.R.S.
“Day Care” or “Child Care Service” means care of a child under the age of thirteen (13) years (older children who need protection or have a special need may be approved by the county department) for a portion of a day, but less than 24 hours, in his own home by a person other than the parent or relative parent substitute, in a relative home, an exempt day care home, in a licensed or certified day care home, or licensed group day care facility.
“Delinquent Child” means a child ten years of age or older who has violated any federal or state law, except non-felony state traffic and game and fish laws or regulations; any municipal ordinance except traffic ordinances, the penalty for which may be a jail sentence; or any lawful order of the court made in accordance with the Children’s Code (Section 19-1-103(9), C.R.S., as amended).
“Emancipation” , for purposes of the Colorado Children's Code and the delivery of social services, emancipation is considered to occur when a youth reaches age 18 and is no longer under the jurisdiction of the court or is married or enters military service.
“Emancipation Transition Plan” is a personalized youth-driven written document, that support emancipation and is intended to prevent the youth from becoming homeless.
“Fair Hearing” means any procedure by which an Administrative Law Judge, upon the request of an applicant or recipient, reviews facts in relation to an adverse action taken by a county department pursuant to Section 3.850 of the Department of Human Services' Income Maintenance staff manual (9 CCR 2503-1).
“Family” means one or more adults and children, if any, related by blood, or law and residing in the same household. Where adults, other than spouses, reside together, each is to be considered a separate family. Emancipated minors and children living under the care of individuals not legally responsible for that care are also to be considered separate families. A stepparent residing in the same household, who is not legally responsible for a child, is not considered a member of the family for purposes of determining monthly gross income in establishing a foster care fee. Stepchildren residing in the same household, for whom the custodial parent(s) are not legally responsible, are not considered part of the family in establishing a foster care fee.
“Independent Living Arrangement (I.L.A.)” means a placement in foster care where a youth lives independently in the community under the supervision of the county department. Receiving funds is not a necessary condition for a youth to be in an I.L.A. Youth shall receive casework services on I.L.A. with or without receipt of the I.L.A. stipend.
“Independent Living Assessment” means an evaluation of the youth's daily living skills. This assessment will document the youth's strengths and needs, as well as capacity and motivation to learn the appropriate skills.
“Independent Living Plan (I.L.P.)” means part of the Family Services Plan that includes those services designed to promote or enhance a youth's capacity to make a successful transition from out-of-home care to living independently and maintaining self-sufficiency.
“Intake” means that process in the county department in which an applicant makes known his need for service, the dimension of the need is explored, and a decision is made as to whether the agency can help.
“Neglected or Dependent Child” is defined in the Children's Code (Section 19-1-103, C.R.S.).
“Provided Services” means those services delivered by county department of social services staff.
“Provider” means a vendor of goods and/or services under the social services program.
“Purchased Services” means those services made available to recipients through either another public agency, a private agency, or a private individual under contract with the state or county department.
“Reasonable Efforts” is defined in the Children's Code (Section 19-1-103, C.R.S.).
“Recipient” means any individual or family who is receiving or has received benefits from the programs of public assistance administered or supervised by the state department pursuant to the provisions of Title 26, C.R.S. Recipient also means an individual with whom, or for whom, a specific goal is established and to whom services are provided or purchased for the sole purpose of achieving this goal. Services are considered to be provided to the recipient when they are provided to, or on behalf of, other members of the recipient's family to facilitate achievement of the recipient's goal.
“Safety” means the absence of conditions that are likely to result in harm to the child.
“Siblings” means a sibling from birth who is descended from one or two mutual parents, stepbrother, former stepbrother, stepsister, or a former stepsister as defined in Section 19-1-128(5), C.R.S. for the purpose of sibling visitation.
“State Department” means the Colorado Department of Human Services.
“Supplemental Security Income (SSI)” means monthly cash payments made by the Social Security Administration to an aged, blind, or disabled individual who meets the requirements under Title XVI of the Social Security Act.
“Supportive Activities” means those activities of the informational, statistical, clerical personnel, and staff training systems which support the social services program.
7.000.6 COUNTY RESPONSIBILITIES [Rev. eff. 8/1/12]
A. County departments of social services shall administer social services programs in compliance with State Department fiscal and program regulations.
B. County departments shall use forms, and report on the Department's automated reporting system as specified, when required by the State Department (Section 26-1-111(2)(e), C.R.S.).
C. County departments shall take reasonable efforts to advise county residents of services available to target groups through the department by means of such methods as press releases, presentations, pamphlets, and other mass media.
D. When a social services recipient leaves the original county of residence that county department shall close its case file with exceptions found in individual Program Areas (e.g., Program Area 5). Recipients are to be advised on the state prescribed notice of social service action form.
E. Requests for services from agencies, including other county departments or states, shall be responded to with the same level of attention and to the same extent as requests received from within the county, and as specified in each of the Program Areas.
F. The county departments shall report to the State Department at such times and in such manner and form as the State Department requires, including through the Department's automated reporting system.
G. Social service staff shall make a personal, telephone, or written contact within five (5) working days of an application or other request for services or as otherwise specified for target groups within Program Areas.
H. The county department shall refer, within ten (10) working days, to the appropriate investigatory agency and the district attorney any alleged discrepancy which may be a fraudulent act or suspected fraudulent act by a recipient or provider of services.
The county department shall seek recovery for the total amount of services costs if the county departments finds the individual was not eligible for the service or if fraud is established.
I. County departments shall take whatever action is necessary to recover payments when recipients and/or providers owe money to the Department because of overpayments , ineligibility and/or failure to comply with applicable state laws, rules or procedures.
J. Social service staff shall advise applicants/clients in writing and orally of the client's responsibility to report within thirty (30) calendar days, changes of circumstances affecting their eligibility and provide them with a state prescribed change of circumstance form.
K. County department staff shall advise clients of their responsibility to cooperate and participate with the county department in planning for services needed and requested, and engaging in appropriate activities to resolve problems or concerns of common interest and that failure of clients to participate or cooperate may result in modification or termination of services.
L. County departments shall use volunteers to the extent feasible and practical in the administration and delivery of social services to enhance agency programs.
M. The county department shall ensure that all personnel who supervise or provide professional services in child welfare services possess the following minimum qualifications:
1. Professional Entry (Training) Level Position
A Bachelor's degree with a major in a human behavioral sciences field.
2. Professional Journey Level Position
This position has obtained the skills, knowledge, and abilities to perform duties at the full independent working level through experience and education.
a. A Bachelor's degree with a major in a human behavioral science field and one year of professional caseworker experience acquired after the degree in a public or private social services agency; or,
b. A Bachelor’s of Social Work degree with a major in public child welfare and successful completion of an approved field placement in a county department of social/human services; or,
c. A Master's degree in social work or human behavioral sciences field.
3. Life Skills Staff Position
This position has obtained a high school diploma or a General Equivalency Diploma (GED) and six months full time public contact in human services or a related field. Substitution for public contact is successful completion of a certificate program and/or college course equivalent to public contact in human services or a related field.
4. Casework Supervisor Position
a. A Bachelor's degree with a major in a human behavioral sciences field (no substitution) and three years professional casework experience at the journey level obtained after the degree; or,
b. A Master’s degree or higher in social work or human behavioral sciences field and two years professional casework experience at the journey level obtained before or after the advanced degree.
5. Education Requirements
In order to meet the minimum educational requirements of a human behavioral science degree, the applicant must have a degree with major course work (equivalent to 30 semester hours or 45 quarter hours) in either development of human behavior, child development, family intervention techniques, diagnostic measures or therapeutic techniques such as social work, psychology, sociology, guidance and counseling, and child development.
6. Waiver Process
If proven recruitment difficulty exists, county departments may request a waiver of these requirements by submitting a request to the State Department of Human Services, Division of Child Welfare Services. Justification shall include:
N. The county shall ensure supervision of casework and case management staff through:
1. Review of individual and family assessments;
2. Family Service Plans;
3. Records maintenance and documentation, including updated information in the Department's automated reporting system; and,
4. Plans for termination of services.
These review findings shall be documented in writing by supervisory personnel and provided to the social service staff and state staff upon request.
O. All current and prospective employees of the county department, who in their position have direct contact with any child in the process of being placed or who has been placed in out of home care, shall submit a complete set of fingerprints to the Colorado Bureau of Investigation (CBI) that were taken by a qualified law enforcement agency to obtain any criminal record held by the CBI.
1. The person's employment is conditional upon a satisfactory criminal background check; and subject to the same grounds for denial or dismissal as outlined in 26-6-104(7), C.R.S., including:.
a. Checking records and reports; and
b. Individuals who have not resided in the state for two years shall be required to have a Federal Bureau of Investigation (FBI) fingerprint-based criminal history.
2. Payment of the fee for the criminal record check is the responsibility of the individual being checked.
3. Prospective employees who are transferring from one county department to another are not required to be re- fingerprinted if they complete the following process:
a. New employees must obtain their CBI clearance letter or a photocopy of their processed fingerprint card from their former employer. They must attach it to a new fingerprint card, with the top portion completed.
b. The new fingerprint card must include the new employer's address. “Transfer-County Department” must be inserted in the “Reason Fingerprinted” block.
c. The CBI clearance letter (or photocopy of the old fingerprint card) and the new fingerprint card must be sent with money order payable to the CBI.
d. County departments that have accounts with CBI are not required to send the money order, and they shall enter their CBI account number in the OCA block of the new fingerprint card.
7.000.7 CLIENT RIGHTS
7.000.71 Anti-Discrimination [Rev. eff. 12/1/11]
Social services programs shall be administered in compliance with Title II of the Americans with Disabilities Act of 1990, Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, and the requirements of Section 504 of the Rehabilitation Act of 1973. No later editions or amendments are included. Copies may be obtained or examined by contacting the Director, Division of Child Welfare Services, at the Colorado Department of Human Services, 1575 Sherman Street, Denver, Colorado 80203; or any state publications depository library.
A. County department staff shall not deny a person aid, services, or other benefits or opportunity to participate therein, solely because of age, race, color, religion, creed, sex, national origin, political beliefs, method of payment, or disability.
B. County departments shall make services available to all eligible clients including disabled individuals through hiring qualified staff or through purchase of necessary services.
C. County departments must be accessible to all applicants and recipients who wish to receive services, or the services must be made accessible at an alternate location, as set forth in the county written plan.
D. County departments shall have an affirmative action plan and a disability services plan.
E. County departments shall take reasonable and prudent steps to ensure that persons with limited English proficiency have meaningful and equal access to programs, services and information free of charge.
F. County departments shall take extra care to ensure that the choice of interpreter by a person with limited English proficiency is voluntary and made with the knowledge that a competent interpreter could be provided by the county department at no cost to the person with limited English proficiency upon request.
G. County departments shall post signs in reception areas, intake areas or other entry points in the department notifying persons with a physical or mental disability that auxiliary aids and services, including sign language, are available upon request.
7.000.72 Confidentiality
A. County departments shall treat all information as confidential according to applicable statutes, including, but not limited to, the following:
1. Names and addresses of applicants, current or past recipients, and services provided.
2. Information related to the social and economic conditions or circumstances concerning any individual including wage or income information or correspondence obtained from any source including state or federal agencies.
3. Agency evaluation of information about any individual.
4. Medical, psychological, or social evaluation including diagnosis or past history of disease, or disability of any kind.
B. County departments shall apply these rules to requests for information from such groups or individuals as legislators, governmental authority, the courts, or law enforcement officials, as from any other source. Whenever there is a question about the legality of releasing information to persons seeking information from the county department, the requestor shall be advised to request the court to require the county department to produce the desired records or information within the custody or control of the county department.
C. The county department shall obtain written permission from the individual or family for the release of information, unless such release is otherwise authorized by law or unless the referring agency has already done so.
D. In a criminal or civil proceeding in which the county case record is subpoenaed or any county representative is ordered to testify concerning a current or former applicant or recipient, the court shall be advised through proper channels of the statutory provisions, policies, or rules and regulations concerning disclosure of information. Confidential information shall not be released in a judicial proceeding unless so ordered by the court.
E. All confidential information about social services shall be sorted and processed so that there are safeguards to insure that no unauthorized personnel can acquire or retrieve the information.
F. Confidentiality of the reporting party in an abuse or neglect referral shall be protected.
G. Confidential information, such as the identity of the reporting party, shall not be released in a judicial proceeding unless so ordered by the court.
H. The release or use of information concerning individuals applying for or receiving social services, or who received services, shall be restricted to persons or agency representatives who are subject to standards of confidentiality that are comparable to those of the state and county departments.
I. The county department shall define in writing and submit to the state a process by which clients may obtain access to their case records. The following elements shall be included in the written client access to records process:
1. Designated source (individual and position) within the department who will handle client requests for records access.
2. Directions for maintaining a record of the requests.
3. Time frames for responding to requests.
4. Directions for individuals requesting access to records.
5. How editing is to occur and by whom (removal or reporting party information; removal of other confidential information which is protected by law).
6. Charges involved for the requestor.
7. Warning regarding the sharing of confidential information by the requestor.
J. The county department shall share appropriate information with other child welfare agencies and community professionals who care for, treat, or supervise a child to ensure coordination of services and protection of the child. The county department shall require that these agencies and persons have confidentiality standards.
K. Individuals participating in a foster care/alternative service review of a child at the invitation of the county department shall be considered as part of the administration of the social services program for purposes of handling confidential information. The role of such persons is to contribute information essential to the delivery of services to the child and the child's family. Information concerning the child and the child's family shall be considered confidential by all parties to the review system.
L. County departments shall perform inquiries into the State Department's automated system for information pertaining to their own internal county department of human services operations, including, but not limited to:
1. Investigations of allegation of child abuse or neglect;
2. Certifying individuals as county kinship providers, county foster and/or adoptive home;
3. Screening of county department employees and volunteers if such persons' responsibilities include direct contact with children.
M. The county that entered the confirmed report shall process all inquiries submitted by the following types of entities or individuals:
1. Departments of social or human services, Court-Appointed Special Advocate Program (CASA), the courts or individuals authorized to review records and reports of child abuse or neglect;
2. Individuals or child placement agencies approved to conduct home studies for adoptive parents;
3. Governing bodies and citizen review panels for purposes of carrying out their conflict resolution duties;
4. Inquiries from individuals who have been involved with the county department wanting a copy of the information pertinent to himself or herself or as having the legal responsibility or authorization to care for, treat, or supervise a child who is the subject of a report or record. The exception to this is employment and volunteer related background check inquiries (see 7.000.72, Q and 7.701.31).
N. Any records or reports that are unconfirmed may only be used to assist in future risk or safety assessments.
O. For purposes of carrying out the conflict resolution duties as set forth in Section 19-3-211, C.R.S., county governing bodies and citizen review panels shall be given access to child abuse or neglect records or reports related to specific grievances under their purview. The county department shall ensure that members understand the confidential nature of such information.
P. After considering the above statements, the use or disclosure of information by the county department concerning current or prior applicants and recipients shall be prohibited except for purposes directly connected with the administration of public assistance and welfare and related state department activities which include:
1. Administration of county social services programs:
a. Establishing of eligibility
b. Determining amount and type of social services to be provided
c. Providing social services
2. Any investigation, prosecution, or criminal or civil proceeding in connection with the administration of the program.
Q. Provisions for employment and volunteer related background check inquiries will be followed as outlined in Section 7.701.32 “Use of Reports and Records of Child Abuse or Neglect for Background and Employment Inquiries”.
R. Any person who willfully permits or who encourages the release of data or information related to child abuse or neglect contained in the State Department's automated database to persons not permitted access to such information, commits a Class 1 misdemeanor and shall be punished as provided in Section 18-1.3-501, C.R.S.
7.000.73 Fees - Records and Reports [Eff. 11/1/07]
A. The county department may assess a fee for the reproduction of county documents. Such fees may be waived in accordance with county policy.
B. The State Department shall assess a uniform fee for the purpose of conducting employment, volunteer, placement and adoption background screening to determine if the individual has been confirmed in the State Department’s automated system as a person responsible in a child abuse or neglect incident. The fee shall be established by the State Department not to exceed the direct and indirect costs of administering Section 19-1-307(2)(i), (k) to (o), and (t), C.R.S., and Section 19-3-313.5(3) and (4), C.R.S.
C. The State Department shall review the fee at least annually to determine whether the fee is consistent with funding the direct and indirect costs indicated above.
D. The State Department is authorized to set the fee not to exceed $35, taking into consideration the appropriation level set by the General Assembly and the fund balance of, and the funds collected and paid into, the Records and Reports Cash Fund.
E. The State Department shall not set the fee above $35, unless specifically approved by the State Board of Human Services. The State Department shall notify the State Board of Human Services of changes to the fee at least annually upon the assessment of the fee.
F. When the State Department anticipates changing the fee under the parameters set forth above, the State Department shall notify interested persons, at least thirty (30) calendar days in advance, if practicable, to obtain public comment to consider prior to the change.
G. The State Department shall notify interested persons by way of the Department’s Background Investigations Unit website and through information provided by the Background Investigations Unit when responding to background screen requests.
7.000.74 Local Dispute Resolution Process
A. County department staff shall advise clients orally and in writing at the time of application of their right to appeal a county department decision either to the state department for a fair hearing and/or to the county department for a local level dispute resolution conference.
B. Applicants or recipients shall be advised in writing by use of a prescribed state form and provided an opportunity for a county level dispute resolution conference within 10 calendar days of the mailing date of notice of a decision by the county department of the denial, decrease, discontinuation, or modification of social services, and/or Medicaid for children in foster care. Refer to the Income Maintenance Staff Manual, Section 3.840 (9 CCR 2503-1), for the proper policy and procedures for noticing and conduct of the local conference.
7.000.75 State Appeal [Rev. eff. 4/1/13]
Applicants or recipients shall be advised by the county department in writing of their right to appeal from adverse decisions of county departments of human services. When issuing a written adverse decision, the county departments shall include compete information on appeal rights, including any right to a local conference with the county department.
The rules governing the appeals process, including timeframes and notice, are set forth in rule Section 3.850 (9 CCR 2503-8). Appeals of confirmed child abuse and neglect shall proceed in accordance with Sections 7.202.604 through 7.202.609 (12 CCR 2509-3).
7.001 PREVENTION AND INTERVENTION DEFINITIONS [Eff. 1/1/14]
Prevention and intervention services are intended to support families to safely care for their children and/or youth, and to prevent entry or re-entry into the child welfare system.
A. Prevention services are voluntary and based on a human services professional decision regarding the family’s need and on youth and family choice. Services may include:
1. Services that reduce risk and increase protective factors to decrease the likelihood of child abuse and neglect; or,
2 . Services provided when a child or youth is in conflict with his/her family members, community, or at risk for abuse or neglect and do not meet the definition of unsafe as found in section 7.202.3.
Services cannot be provided when the child’s circumstance meets the definition of unsafe as found in section 7.202.3.
B. Intervention services are voluntary and based on a human services professional decision regarding the family’s need and youth and family choice. Services may include:
1. Proactive efforts to intervene when the immediate health, safety or well-being of a child is not at-risk; or,
2. Services provided after a referral has been screened out; or,
3. Services provided when a case is assessed as not requiring child protection or youth in conflict services and the case is closed; or,
4. Services provided when a child welfare case has been closed, the child is safe as defined in section 7.202.3, and additional supports would improve a family’s protective factors and reduce the possibility of recurrence of abuse or neglect.
7.001.1 REFERRAL [Rev. eff. 1/1/14]
A. The county department shall provide a referral and intake process wherein all persons have the opportunity to apply for services. In the referral and intake process, the assigned social service staff shall accept applications and screen referrals.
B. A referral report shall be completed in all appropriate situations, and at a minimum must include:
1. Demographic information
2. Referring source
3. Results of initial assessment
4. Dispositional decision
C. The county department, if requested, shall provide the referring source with an explanation of the action taken as a result of the referral.
7.001.11 Application [Rev. eff. 1/1/14]
A. An application must be taken from all persons requesting services. Such application may be either oral or in writing, but in all instances shall be entered on the prescribed state application form with the date of application. The application shall be signed by the applicant prior to approving services or the reason the applicant was unable to sign shall be documented on the application form. County departments shall enter required information into the Department's automated reporting system.
B. Social service staff shall advise clients of services which are applicable to their needs with sufficient clarity to enable the client to apply for those services applicable to their situation.
7.001.2 INITIAL FUNCTIONAL ASSESSMENT
An initial assessment by the county department of social services staff shall include:
A. The appropriateness of referral.
B. Determining if the case is open in the agency.
C. Awareness of agency and community resources and their current availability.
D. Initial assessment of problem and service needs.
E. Determining if another agency can better serve the client.
F. Information about risk factors that can be used in making decisions about urgency of service delivery.
G. Determining whether an emergency exists that meets the emergency assistance criteria in accordance with Section 7.001.45.
7.001.3 ELIGIBILITY DETERMINATION
A. Services staff shall determine an applicant's eligibility for services considering the applicable Program Area and the identified target group in each Program Area. Target group requirements are found in each Program Area.
B. The social service staff shall approve or deny an application within 30 calendar days of the application. The applicant shall receive written notification of the county decision within 15 calendar days after the decision is made. For cases in Program Areas 4, 5, and 6, if a client applies for services rather than receives court-ordered services, the Notice of Social Services Action shall be used to approve or deny services.
C. The county shall document eligibility on the county face sheet and the Department's automated reporting system.
D. Eligibility for services shall be redetermined when the case circumstances change by updating the Department's automated reporting system.
7.001.4 DETERMINATION AND DOCUMENTATION OF FUNDING SOURCE FOR THE PURPOSE OF REPORTING SERVICES AND TO GAIN MAXIMUM FEDERAL REIMBURSEMENT
If a child is determined eligible for services, the county department shall document the child's funding source eligibility on the Department's automated reporting system. This activity shall occur for each child opened on the department's automated reporting system. Eligibility shall be documented for each funding source for which the child is eligible.
Eligibility criteria and required time frames for determination are found in subsections 7.001.41 through 7.001.46.
7.001.41 Title IV-E Foster Care [Rev. eff. 11/1/11]
Title IV-E of the Social Security Act provides federal matching funds to help pay for the cost of foster care for eligible children. It also pays for training and administrative costs associated with the delivery of services to Title IV-E eligible children.
A. Eligibility Verification and Documentation
1. Verification of the child's citizenship or alien status is required. Other information received by the county department to support a Title IV-E eligibility determination does not require verification unless it conflicts with other information in the possession of the department. If such a conflict occurs, the county department shall use verification procedures provided in the Income Maintenance staff manual section for the Colorado Works Program to resolve the conflict (9 CCR 2503-1).
2. The county department shall document each of the eligibility factors on the state prescribed form. The county must ensure that a copy of the signed voluntary placement agreement or court order and any required verifications are present in the case file.
3. The county department shall use the following eligibility effective dates in the Department's automated reporting system:
a. The eligibility effective date of the child for Title IV-E shall be the first day of the month in which all eligibility criteria for the child are met, but can be no earlier than the first day of placement.
b. The date of eligibility of the placement for reimbursements through Title IV-E is the first day of the month in which all the Title IV-E provider eligibility criteria are met.
c. With respect to the court order/petition, the date that is used is the date of the court order or the date a petition is filed for custody of the child which eventually leads to a court ordered removal of the child from the home.
B. Title IV-E Eligibility Criteria for a Child - Initial Determination
1. The child was removed from his/her parent(s) or other specified relative either by:
a. A voluntary placement agreement entered into by the child's parent or legal guardian; or,
b. Order of the court.
2. The first court ruling sanctioning the removal of the child from the home must contain findings to the effect that:
a. Continuation in the home would be contrary to the welfare of the child; or,
b. Out-of-home placement is in the best interests of the child.
If this “best interests” determination is not recorded in the first written court order, signed by a judge or magistrate, pertaining to the removal of the child from the home, a transcript of the findings and orders from the court proceeding is the only other documentation that can be accepted to verify that the required judicial determination was made. Neither affidavits nor subsequent “nunc pro tunc” orders are acceptable verification for meeting the “best interests” requirement.
3. There must be an order of the court within 60 calendar days after the date the child is placed in out-of-home care with a finding to the effect that:
a. Reasonable efforts have been made to prevent the removal of the child from the home; or,
b. An emergency situation exists such that the lack of preventative services was reasonable; or,
c. Reasonable efforts to prevent the removal of the child from the home were not required. (See Section 7.304.53, B, 3, for circumstances in which the court may determine, that reasonable efforts to prevent removal are not required).
If a “reasonable efforts to prevent the removal” determination was made by the court as required, but was not recorded in the original written court order signed by the judge or magistrate pertaining to that judicial determination, a transcript of the findings and orders from the court proceeding is the only other documentation that can be accepted to verify that the required determination was made. Neither affidavits nor subsequent “nunc pro tunc” orders are acceptable verification for meeting this “reasonable efforts” requirement.
4. The county is granted legal custody of the child or the child is in out-of-home care under a voluntary placement agreement.
5. The child must have lived with a parent or other specified relative from whom the child is removed through a voluntary placement agreement or court-ordered custody with the county department in the month, or within the six months preceding the month, in which the voluntary placement agreement was signed or court proceedings were initiated to remove the child.
6. A child removed through a “constructive removal” shall be determined Title IV-E eligible if all other applicable criteria for Title IV-E eligibility are met.
A constructive removal occurs when all of the following apply:
a. The child resides with a non-parent caretaker who is not the legal custodian or guardian of the child; and,
b. The child is court ordered into the custody of the county department or placed through a voluntary placement agreement; and,
c. The child remains in the home of the caretaker who serves as the out-of-home care provider to the child after the county is awarded custody or obtains the agreement for voluntary placement.
7. To be eligible for Title IV-E, the child must be determined eligible for Aid to Families with Dependent Children (AFDC) in accordance with the July 16, 1996, regulations (and exceptions as allowed).
C. Title IV-E Eligibility Criteria of a Provider
For the placement costs of a Title IV-E eligible child to be claimable through Title IV-E funding the provider must be a Title IV-E eligible provider. An out-of-home provider must be fully licensed or fully certified to be a Title IV-E eligible provider.
Placement costs of Title IV-E eligible children placed with provisionally licensed or provisionally certified out-of-home care providers will not be claimable through Title IV-E foster care as they are not fully licensed or fully certified providers.
Administrative costs for an otherwise Title IV-E eligible child who is placed in less than fully licensed or fully certified out-of-home care placements are not claimable through Title IV-E funding, except when the child is placed with a relative and the relative is pursuing full foster care certification. Administrative costs can be claimed for up to six months while the child remains in placement with a provisionally certified relative provider.
Administrative costs are not claimable through Title IV-E funding for children who are placed in facilities that are not Title IV-E eligible facilities, such as a detention placement, except for the calendar month in which a child moves from a facility that is not eligible for Title IV-E funding to a Title IV-E claimable out-of-home care facility.
D. AFDC Eligibility Tests
Title IV-E requires that eligibility for Aid to Families with Dependent Children (AFDC) must be determined in accordance with the regulations as in effect on July 16, 1996, and exceptions as allowed. See AFDC rules from July 16, 1996. The AFDC eligibility month is the month court proceedings leading to the removal were initiated or the month in which a voluntary placement agreement was signed.
1. Living with a Relative - The child must have lived with a parent or other specified relative:
a. During the month in which court proceedings to remove the child were initiated or a voluntary placement agreement was signed; or,
b. Sometime within the 6 months preceding the month in which court proceedings to remove the child were initiated or a voluntary placement agreement was signed.
2. Deprivation of Parental Support - The child must be deprived of parental support or care of one or both parents by reason of:
a. Death;
b. Incapacity - physical or mental;
c. Continued absence from the home; or,
d. Unemployment - deprivation due to unemployment exists when:
1) Both of the child's natural or adoptive parents resided in the removal home in the month the voluntary placement agreement was signed or court proceedings were initiated to remove the child from the home; and,
2) The household income, after AFDC income tests are applied, is less than the need standard for the household .
3. Determination of Need
The income and resources of the household members of the removal home must be within the allowable standards for an AFDC assistance unit. Refer to the AFDC rules from July 16, 1996, to determine which members of the household are considered in the determination of income and resources.
a. Resources - The family must have less than $10,000 in countable resources.
b. Income Test - The household income after AFDC income tests are applied must be less than the need standard for the household.
4. Additional AFDC Eligibility Factors
a. Age - The child must be under eighteen (18) years, or if over 18 but not yet 19 years of age, must be a fulltime student in a secondary school or in the equivalent level of vocational or technical training and expected to complete the program before age 19. Such children are eligible for Title IV-E though the month of completion of the educational program.
b. Citizenship - The child must be a United States citizen, naturalized citizen, or qualified alien to be eligible of Title IV-E. Refer to Section 3.140 of the Income Maintenance manual (9 CCR 2503-1).
c. Residency - The child must be a resident of Colorado. If the child's residency is from another state, that state is responsible for determining Title IV-E eligibility of the child.
E. Eligibility Factor - Voluntary Placement Agreement
1. A voluntary placement agreement must be completed and signed by the parent(s) or legal guardian and the county department.
2. Eligibility for Title IV-E foster care can begin no earlier than the signature date of the voluntary placement agreement
3. Voluntary placement agreements are limited to 90 calendar days. If placement of the child is to continue beyond 90 calendar days, the county department must obtain a petition to review the need for placement that leads to a court order granting the county department legal custody.
4. There must be an order by the court within 180 calendar days of the child's placement in foster care that “continued placement is in the best interests of the child”, or words to that effect. If such an order is not made by the court within the allowable 180 calendar days, the child is not eligible for Title IV-E foster care reimbursement for the remainder of the child's placement in out-of-home care.
F. Eligibility Factor - Relinquishment
If a child is relinquished to the county department, the county shall petition the court to judicially remove the child even though the parent relinquished the child to the agency. Children relinquished to the county department can be Title IV-E eligible when:
1. The child had last been living with the parent within six months of the date court proceedings were initiated.
2. The court order contains the findings shown at Section 7.001.41, B.
3. The child meets other eligibility factors.
G. Minor Parent and Child in Mutual Care
A child residing in mutual out-of-home care with his/her adult parent is not considered removed from the parent because the child continues to reside with the parent in the same residence; therefore, the child is not IV-E eligible.
When the parent is a minor and the minor parent has been determined eligible for Title IV-E foster care, the child's placement costs are reimbursable through Title IV-E foster funding as an extension of the minor parent's cost of care.
H. Required Time Frames
1. The county department is responsible for determining the eligibility of every child entering out-of-home foster care within 45 calendar days of the placement date unless good faith efforts have been made and recorded in the child's record.
2. Counties shall redetermine eligibility using the state prescribed form every twelve (12) months from the date the child enters foster care.
I. Referral to Child Support Enforcement
The county department shall refer every child determined eligible for Title IV-E foster care to the county department's Child Support Enforcement Unit for child support services, except when the:
1. Child is in continuous placement for less than 31 days.
2. Child's absent parent is unknown.
3. Best interests of the child would not be served, such as when parental rights have been terminated or the Family Services Plan documents that family contact is inappropriate.
4. Child's deprivation status under Title IV-E eligibility is “Unemployment”.
J. Redetermination of Title IV-E Eligibility Requirements
1. A court order must remain in effect which grants legal custody of the child to the county department or a petition to review the need for placement was filed and the court has ordered legal authority for continued placement within 180 calendar days of the date a child entered out-of-home care by voluntary placement agreement.
2. Effective March 27, 2001, there must be an order of the court finding that the county department has made reasonable efforts to finalize a permanency plan. This finding must be made within 12 months of the date the child enters foster care, and every 12 months thereafter while the child remains in out-of-home care. If 12 months elapse without this judicial determination, eligibility for Title IV-E foster care temporarily ends. Title IV-E eligibility can resume the 1st day of the month in which the finding is made.
K. Redetermination of Provider Eligibility
An out-of-home care provider must be licensed or certified to be a Title IV-E eligible placement. Placement costs for a Title IV-E eligible child are only Title IV-E claimable when a child is placed with a Title IV-E eligible provider.
Effective September 1, 2000, provisionally licensed or provisionally certified out-of-home care providers will not be claimable placements through Title IV-E foster care as they are not fully licensed or fully certified.
L. Reasonable Candidates
Reasonable candidates for foster care, for the purposes of Title IV-E program, are children determined to be at risk of imminent placement out of the home as defined in Section 19-1-103(64), C.R.S. Administrative costs may be claimed for children who are determined to be at imminent risk of removal from the home through a voluntary placement agreement or court-ordered custody with the county department. A determination must be made as to whether the child is at imminent risk of removal from the home no less frequently than every six months. Reasonable efforts shall be made to prevent the removal of the child from the home until such time that pursuing removal of the child from the home becomes necessary.
7.001.42 Title IV-E Adoption Assistance Agreements [Eff. 02/01/2009]
Title IV-E funds are available for adoption assistance payments to adopting parents for children that meet certain requirements.
This section has been moved in order to consolidate in one location all rules related to adoption assistance. Refer to Section 7.306.4.
7.001.43 Title IV-E Eligibility - Foster Care Placement of a Child Under a Subsidized Adoption Assistance Agreement [Eff. 02/01/2009]
This section has been moved in order to consolidate rules related to adoption assistance in one location. Refer to Section 7.306.4.
7.001.44 Supplemental Security Income (SSI) [Eff. 02/01/2009]
Supplemental Security Income is a federal monthly award granted to a child 0–21 years of age who has a verified disability.
A. Recipients of Social Security death benefits (SSA) or Supplemental Security Disability Income for Dependents (SSDI) shall not be coded in this fund source.
B. The county department shall make application to the Social Security Administration for any child who is believed to meet Supplemental Security Income eligibility criteria. Application for Supplemental Security Income is required for all children enrolled in the Children's Habilitation Residential Program (CHRP) waiver.
C. Concurrent eligibility for Title IV-E foster care and Supplemental Security Income (SSI) is allowed.
D. Required Time Frames - Application for benefits shall begin within 45 calendar days of the child's out-of-home placement in appropriate cases.
7.001.45 Title IV-A Emergency Assistance [Rev. eff. 5/1/12]
The county department shall determine eligibility for the Title IV-A Emergency Assistance Program anytime services are provided or purchased for families with children at risk of placement or when the worker transfers an intake case for on-going services.
A. Eligibility Factors
The eligibility determination shall be documented on the state prescribed form and shall include:
1. Whether an emergency exists, defined as the removal of a child from his or her home into publicly funded care or state or county supervision, or risk of such removal as determined by the responsible state or county agency officials.
2. Whether the child has lived with a relative anytime within the 6 months preceding the Title IV-A Emergency Assistance application. See the Income Maintenance manual for requirements of relative (9 CCR 2503-1).
3. Whether the family's total gross annual income is under $75,000.
B. Maintenance of Effort (MOE)
Expenditures of services to or on behalf of eligible members of an Emergency Assistance eligible family can be attributed to the State's TANF Maintenance of Effort requirement if a child is living in the household with the parent or other adult relative. The Maintenance of Effort entitlement shall be recorded in the automated case management system if a case is opened for the child.
C. Required Time Frames
The county shall complete the eligibility determination within thirty (30) business days of case opening. The eligibility effective date can be no earlier than the date when the application is initiated.
7.001.46 Without Regard to Income [Rev. eff. 6/1/10]
The Without Regard to Income entitlement shall be the default funding stream when a case is opened in the statewide automated system.
7.001.5 Formal Assessment [Rev. eff. 8/1/12]
A. For Program Areas 4, 5, and 6, the formal assessment together with the case plan which follows, shall be completed and documented within 60 calendar days of eligibility determination.
For some cases in Program Areas 4, 5, and 6, see Section 7.301 for family assessment criteria. For cases in Program Areas 4, 5, and 6, the Family Service Plan shall be completed within sixty (60) calendar days after case opening.
B. In all instances in which a case is accepted for investigation for ongoing services, the case shall be assigned to and monitored by a caseworker at all times. If the intake assessment determines the need for ongoing services, the case shall be transferred immediately following the last contact by the intake worker to ongoing services and immediately assigned. The planning process shall begin no later than seven working days from the date of transfer from intake to ongoing services.
7.001.6 CASE CONTACT REQUIREMENTS [Rev. eff. 6/1/10]
The primary purposes for case contacts shall be to assure child safety and well-being and move the case toward achieving identified treatment goals regardless of the reason the case is open. For Program Areas 4, 5, and 6, and in cases in which children and youth remain in the home or are placed out of the home, the county department shall have face-to-face and telephone contact with the children and youth, parents, and relevant collateral contacts as often as needed to assure the safety, permanency and well-being of the children (see Section 7.202.62, F).
Case contacts shall be documented in the statewide automated system. Minimum contact requirements are as follows:
A. Program Areas 4, 5, and 6 In-Home Services
The county department shall have at least monthly face-to-face contact with the child or youth. The county department shall have at least monthly face-to-face or telephone contact with the parent, parent surrogate or guardian, with face-to-face contact occurring at least every other month.
B. Program Areas 4, 5, and 6 Out-of-Home Placement Services Concerning Children and Youth in Colorado
The primary caseworker, that caseworker’s supervisor, or the designated visitation caseworker for each child or youth in out-of-home placement for whom the county department has responsibility shall have face-to-face contact with that child or youth at least once every calendar month.
The “designated visitation caseworker” is an individual assigned responsibility for visiting the child or youth. The visitation caseworker may be a caseworker employed by the county department or another county department; a caseworker or contract caseworker in another state; or, a professional within the state who meets the qualifications listed at Section 7.000.6, M through O, and training listed at Section 7.000.61.
The name and role of the visitation caseworker assigned responsibility for visiting the child or youth shall be recorded in the assigned screen of the statewide automated data system and shall be updated if there is a change in the visitation caseworker. There shall be only one designated visitation caseworker for a child or youth at any one time.
Contact shall occur at a minimum of two face-to-face visits with the child or youth during the first thirty (30) days following the out-of-home placement, at least one of which shall be in the out-of-home placement, and a minimum of monthly face-to-face contact with the child or youth after the first month. A portion of every face-to-face contact shall occur out of the presence of the provider for the child or youth. No less than every other month, contact shall occur in the out-of-home placement where the child or youth resides and shall include visual assessment of where the child or youth sleeps.
The majority of monthly face-to-face contacts in a year shall occur in the child or youth’s out-of-home placement. For children and youth in out-of-home placement, this is their place of residence. The child or youth shall be visited in his/her out-of-home placement during the first thirty (30) days of out-of-home placement and at least every other month while in out-of-home placement.
These requirements apply to children and youth for each month in which they spend more than half of the days of the month in out-of-home placement.
Children and youth designated as runaways who are in the county department’s custody are included in the population of children and youth for whom the case contact requirements apply.
The caseworker who visits the child or youth shall have working knowledge of the case, including having conducted a recent review of contacts information in the statewide automated system prior to making a visit. The caseworker completing the visit shall record all contacts in the statewide automated system.
The designated visitation caseworker shall not have specific supervision responsibilities for the private placement facility where the child or youth is placed, nor shall the visitation caseworker be an employee of the placement facility where the child or youth is placed.
C. Program Ares 4, 5, and 6 Out-of-Home Placement Services Out of Colorado Concerning Children and Youth
The primary caseworker, that caseworker’s supervisor, or the designated visitation caseworker or that caseworker’s supervisor, for each child or youth in out-of-home placement out of Colorado shall have face-to-face contact with that child or youth at least once every calendar month.
For cases governed by the Interstate Compact on the Placement of Children (ICPC), the assigned or contracted caseworker in the state where the child or youth is placed may be the designated visitation caseworker. The Colorado caseworker assigned to the case shall document the designated visitation caseworker’s visits in the statewide automated system if there is documentation in the case file from the designated visitation caseworker that describes the date, place and content of the visit with the child or youth for cases governed by ICPC. If there is an out-of-state designated visitation caseworker, that person shall use other means than review of the statewide automated system to assure that he or she has current working knowledge of the case at the time visits are made to the child or youth. A written report on the contact shall be requested by the custodial agency.
D. Program Area 5 Out-of-Home Placement Concerning Parents
While a child or youth remains in out-of-home placement, the county department shall have at least monthly contact with the parent, parent surrogate or guardian, with face-to-face contact occurring at least every other month. Such contacts shall occur until a motion for termination of parental rights is filed, or until “Return Home” is no longer the primary permanency goal.
E. Program Areas 4 and 6 Out-of-Home Services
While a child or youth remains in out-of-home placement, the county department shall have at least monthly face-to-face or telephone contact with the parent, parent surrogate or guardian. Such contacts shall occur until a motion for termination of parental rights is filed, or until “Return Home” is no longer the primary permanency goal.
F. Finalized Subsidized Adoption Services
Contact shall occur every three years through face-to-face, telephone, or mail.
G. Other Groups
For children or youth who are eligible for Home and Community Based Services or Home Health Care services, the contact requirements are a minimum of one face-to-face or telephone contact with the child or youth and family every six months. At least one of the contacts annually must be face-to-face.
H. Contact Exceptions
If direct contact is impossible due to the child’s location, the following information shall be documented in the statewide automated system indicating:
1. The case circumstances, including why the direct contact is not possible.
2. How contact shall occur.
3. How the county department shall monitor progress.
7.001.7 CASE CLOSURE
A. Services shall be terminated and the case shall be closed when one of the following are met:
1. Specific program eligibility criteria are not met.
2. Client withdraws.
3. Client no longer needs the service.
4. Client has moved out of county.
5. Client has died.
6. Services are completed.
7. The child is ready for emancipation or reaches his/her 21st birthday.
B. The worker shall document the following in the case record:
1. Reason(s) for case closure.
2. A summary of services provided, which includes progress made toward stated goals.
3. An assessment of risk of further child abuse or neglect for Program Area 5 cases.
C. The county department shall close a case on the Department's automated reporting system no later than 90 days after the last direct client contact. The county department shall assure the case is closed in the automated system as prescribed by the State.
D. The county department shall close a case on the Department's automated reporting system if there has been no direct client contact with the child and parents for 90 calendar days despite the repeated efforts of the county department to maintain contact.
E. Exceptions to the 90 calendar day limit may be necessary in cases where the county department has custody of the child. In such cases the county department shall document efforts to terminate county custody or document why such efforts are not in the best interest of the child.
7.002 DOCUMENTATION IN CASE RECORDS
7.002.1 CASE RECORDING
A. There shall be case recording in all active cases as required by the individual Program Area.
1. Frequency of case recording of case activity will be at a minimum every 6 months and more often as needed, according to the case plan or Family Service Plan.
2. Summary recording updating a case record shall be done at least every six months or whenever a case is transferred from county to county, between workers in a county, or when a case is closed.
3. For cases in Program Areas 4, 5, and 6, when there is a change in caseworker or a transfer of a service case to another county, the new caseworker shall have telephone or in-person contact with the child and/or provider within 30 calendar days after the change or transfer.
B. A written narrative summary of case activity shall include, but is not limited to, the following (a court report containing the same information will suffice):
1. Ongoing assessment of individual and/or family functioning.
2. Assessment of progress toward objectives and goals.
3. Chronology of significant events including dates of occurrence.
4. Method of intervention/treatment and impressions of effectiveness.
5. Changes and/or refinements of case plan.
6. Type and extent of court involvement.
7. Other significant individuals or agencies involved.
For cases in Program Areas 4, 5, and 6 in which an Administrative Review is substituting for a court review, the county shall assure that a written summary containing the above information is complete and present in the case file. The county shall submit this written summary with the Administrative Review findings to the court.
C. A case plan/agreement for each service period shall be developed which contains all of the required information.
D. Records of all pertinent contact sheets shall be prepared and prior to the periodic summary of such activities.
E. Evaluation and reassessments pertaining to each service period shall be conducted which reflect case movement toward the long-term goal.
F. A summary shall be completed within 30 calendar days of closure which shall include:
1. Summary of contacts
2. Reason for closure
3. Summary of services provided
4. Assessment of effectiveness of services in terms of client's stated goals including, where possible, the client's assessment of the experience.
7.002.11 Case Records
A. Within 5 working days of application a master card, index, or computer file shall be initiated which will include the following:
1. Household number
2. Identifying information (e.g., household composition, addresses, birth dates, Social Security Numbers)
B. Within 30 calendar days of decision of approval there shall be included in the case record as appropriate to the Program Area:
1. Functional assessment (initial)
2. Family Services Plan
3. Financial and social information
4. Decision regarding: service eligibility
5. Demographic information
C. Case records shall also include but are not limited to the following as appropriate to the Program Areas:
1. Court orders and reports.
2. Placement reports.
3. Case recording.
4. Relevant correspondence.
5. Reassessment of functioning, eligibility, and Family Service Plan.
D. For Program Areas 4, 5, and 6, case record arrangement and maintenance shall follow the state prescribed format.
7.003 PURCHASE OF SERVICES
7.003.1 DEFINITIONS
A. Administrative services are personal services delivered by an individual or organization in lieu of the services being delivered directly by county department employees within the Merit System or county personnel system.
B. Program services are direct program costs.
1. Non-contractual program case services are a type of program service obtained by purchase for a specific client or client groups without the use of a contract. These involve a direct payment to a client or one-time or irregular vendor payment for services provided to a specific client where a contract would be difficult or impossible to obtain.
2. Contractual program services are obtained by purchase for a specific client or client groups and a contract is required.
7.003.2 CONTRACTING REQUIREMENTS
A. The county department shall enter into a contract before the initiation of administrative or program services, except for non-contractual program case services identified in this section.
B. The county department shall initiate a written corrective action plan or terminate the contract when it determines that services do not comply with the terms of the contract.
C. The county department has direct responsibility for, and shall not purchase activities of:
1. Service eligibility determination or redetermination;
2. Development of the Services Agreement or Family Services Plan;
3. Authorization of purchased services;
4. Service fee determination;
5. Monitoring of purchased services.
D. County department employees shall not act as a provider of purchased program services.
E. The county shall purchase services only when the rates of payment for services do not exceed the amounts reasonable and necessary to assure the quality of service. Reasonable means the cost does not exceed the community prevailing rate. Necessary means the service is directly related to the client's need.
F. When contractors are required by statute to be licensed, registered, or certified in order to perform the purchased service, county departments of social services shall assure that such requirements are met, before the execution of the contract. In addition to or in the absence of such statutory requirements, the contractor shall meet standards or criteria as established by the State Department. All personnel engaged in the administration or direct delivery of services purchased by the county department shall meet qualifications as provided under Merit System rules and regulations or an approved county personnel system.
G. The county department shall purchase services only from independent contractors. State reimbursement shall be available only for purchase of service contracts where the relationship between the county department of social services and the contractor is a relationship of employer-independent contractor, not that of employer-employee.
H. In cases where the contractor status is not clear, status resolution shall be in favor of the employee status classification.
I. For program or administrative contracts in the amount $10,000 or less, the county department may use its own selection criteria for awarding purchase of service contracts.
J. The county department shall establish a separate file for each contract in excess of $10,000 and include the following documentation:
1. Supporting the basis for award cost or price; and
2. Identifying the procurement method used (formal advertising or negotiation) and,
a. If formal advertising was used, the county shall include descriptive material used to solicit bids and copies of published bid solicitation notices.
b. If negotiation was used, include justification for using this procurement method. Justification shall include one or more of the five acceptable reasons for negotiation listed below.
K. The county department shall use the most formal procurement method that is possible and practical.
1. Formal advertising is the procurement method that involves open and free competition i.e., public notice of bid solicitations, a clear and adequate description of the technical requirements for the service to be procured, sealed bids, and the public opening of bids.
2. Procurements may be negotiated if it is not practicable or feasible to use formal advertising. Generally, such procurements may be negotiated if one or more of the following conditions prevail:
a. The public exigency will not permit the delay incident to advertising.
b. The material or service to be procured is available from only one person or firm.
c. The contract is for personal or professional services, or for any service to be rendered by a university, college, or other educational institution. (Personal services here refer to a contract with an individual for the services of that individual. Professional services refer to services rendered by a person or organization licensed or certified by the state.)
d. No acceptable bids have been received after formal advertising.
e. Formal advertising is otherwise not practicable or feasible, and negotiation is authorized by applicable law, rules, or regulations.
L. Excluded from requirements of this section "Purchase of Services," are services purchased under the JOBS or the Employment First Program.
M. Any county department and child placement agency entering into a contract for the provision of foster care services shall include a provision in the contract that recognizes a right of the State Department or county department to recover any funds misused by the Child Placement Agency and to withhold subsequent payments. The provision in the contract shall provide for an appeal of the decision to recover or withhold the funds.
7.003.3 PURCHASE OF PROGRAM SERVICES [Rev. eff. 12/1/12]
A. The purchase of program services:
1. May or may not require a contract depending upon the specific service purchased.
2. Does not require state department prior approval as long as the service is authorized by state rule.
B. Authorized Non-Contractual Program Case Services
1. Transportation for children in out-of-home care, limited to the following purposes:
a. For return of runaways, who are in county department custody, to their Colorado home county.
b. For a child in out-of-home care to receive services specified in the Family Services Plan that are directly related to visitation and reunification.
c. To facilitate a permanent plan through the Interstate Compact.
d. To access one-time physical, dental, and psychological examinations for children in out-of-home care who are not Medicaid eligible and have no other insurance.
2. A one-time physical, dental, and psychological examination for children in out-of-home care who are not Medicaid eligible and have no other insurance.
3. Case services authorized in the Adoption Services and Relative Guardianship Assistance Program sections that are specified in a current signed Adoption or Relative Guardianship Assistance Agreement.
4. Other case services provided to children in out-of-home placement when such services are not a part of either room and board or Medicaid treatment or case management services.
C. Contractual Program Services
1. Services may be obtained by purchase for specific clients using the standardized form contracts, identified by number in the paragraph below. Standardized form contracts comply with federal and state statutes and/or regulations for the purchase of service.
a. Child Welfare Child Care: Use contract form SS-19 as appropriate.
b. Child Foster Care Service: Use state authorized contract forms as appropriate.
c. Psychological Evaluations, when purchased once and not through an agency contract: Use contract form SS-21B. Psychological evaluations shall not be purchased for children or adults who are eligible for Title XIX (Medicaid). Third party payment for psychological evaluations shall be used as first payer where possible.
1) Limited purposes for children:
a) For assessment of the need for protection - includes psychological evaluations for parents or substitute caretakers. Substitute caretakers are persons providing care as an alternative to the parent, i.e., includes guardians or legal custodians and excludes foster parents.
b) For foster care placement.
c) For adoptive home placement.
2) Limited purposes for adults:
For biological parents, on behalf of children in foster care.
d. Physical evaluations, when purchased once and not through an agency contract shall use the state authorized contract form. Physical evaluations shall not be purchased with program service funds for children or adults who are eligible for Title XIX (Medicaid). Third party payment for physical evaluations shall be used as first payer where possible.
1) Limited purposes for children:
a) Needing assessment of need for protection.
b) In Child Welfare Child Care.
c) In out-of-home care.
2) Limited purposes for adults in Program Area 2.
For assessment of medical conditions.
e. Evaluation shall include the cost of the examination as well as any written and/or verbal interpretation of the results of the psychological or physical evaluation.
f. Core Services Program Services: County departments with state approved Core Services plans may use Form FPP-1 or develop and use their own contract for the purchase of Core Services. County developed contracts shall meet the contract content requirements provided in Section 7.003.4, D.
D. Billing and Payment
County department billings for the purchase of program service shall follow state procedures.
7.003.4 ADMINISTRATIVE SERVICES
A. The purchase of administrative services requires:
1. A contract.
2. State department approval.
B. The content of all administrative contracts shall comply with the requirements as established by the state department.
C. The county department shall monitor the provision of services at least every six months under an administrative service contract for compliance with the contract and maintain written documentation of such monitoring including dates of monitoring and results/conclusions.
D. Contract Content
1. If a county department determines that certain administrative services are to be purchased, the county department shall negotiate terms and write a contract for the purchase.
2. When the county department writes an administrative service contract, the contract shall contain:
a. All terms of the contract in one instrument, be dated, and be executed by authorized representatives of all parties to the contract prior to the date of the implementation; and
b. A definite beginning and ending date for provision of services up to a maximum of one (1) year duration; and
c. A detailed description of the services to be provided and of the methods, including subcontracting, to be used by the contractor in carrying out its obligations under the contract; and
d. A stated number of units of service at a specific dollar rate, and/or for a specific dollar amount; and
e. The method and source of payment to the contractor; and
f. The source of funds and provision that "Payment pursuant to this contract, if in federal and/or state funds, whether in whole or in part, is subject to and contingent upon the continuing availability of federal and/or state funds for the purposes hereof;" and
g. Provision that no fees shall be imposed by the contractor related to services provided under this contract; and
h. Provision that the contractor meets applicable state licensing requirements, and/or federal standards and/or qualifications as provided under Merit System rules and regulations or county personnel system; and
i. Provision that contractor strictly adheres to all applicable federal, state, and local laws that have been or may hereafter be established; and
j. The address(es) of facilities to be used in providing services; and
k. Provision that the contractor shall comply with the requirements of the Civil Rights Act of 1964, the requirements of Section 504 of the Rehabilitation Act of 1973, Americans with Disabilities Act, and for safeguarding information according to rules of the state department; and
l. Provision that any subcontracts permitted by the contract shall be subject to the requirements of the contract as listed here, and that the contractor is responsible for the performance of any subcontractor; and
m. A statement specifying requirements for fiscal and program responsibility, billing, records, controls, reports, and monitoring procedures; and
n. Provision for access to financial, program, and other records pertaining to services provided under this contract by county, state, and federal officials, and others as authorized in writing by the county; and
o. Provisions for contractor to keep financial, program, or other records pertinent to this contract for a period of 5 years from the contract termination date; and
p. Provision that the parties of the contract intend that the relationship between them contemplated by the contract is that of employer-independent contractor; and
q. Provisions for termination by either party including the manner by which termination will be effected and the basis for settlement. In addition, such contracts shall set forth the conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor; and
r. For contracts over $10,000 certain provisions that will allow for administrative, contractual, or legal remedies in instances in which contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate; and for contracts in excess of $100,000, the contract must contain provisions for compliance with the Clean Air Act and the federal Water Pollution Control Act.
E. Additional County Option Contract Components
The county department may add optional provisions to the above required standard contract items.
F. Billings and Payment
1. County department billings for administrative service contractual purchase of services shall follow state procedures.
2. State department reimbursement for a properly approved county administrative service contract is subject to the availability of funds within the county's allocation.
7.000.1 PROGRAM AREAS (PA) AND TARGET GROUPS
Services are available from county departments in the following Program Areas:
A. Program for Prevention and Intervention Services to Children, Youth and Families at Risk of Involvement with Child Welfare (PA3)
The Program Area 3 (PA3) program provides prevention and intervention services for children, youth, and families at risk of involvement with child welfare. Services may be provided to assist families to safely care for their children.
B. Program for Youth in Conflict (PA 4)
Program Area 4 services are provided to reduce or eliminate conflicts between youth and their family members or the community when those conflicts affect the youth's well-being, the normal functioning of the family or the well-being of the community. The focus of services shall be on alleviating conflicts, protecting the youth and the community, re-establishing family stability, or assisting the youth to emancipate successfully.
Target groups for Program Area 4 are children and youth who are beyond the control of their parents or guardians; and, children and youth whose behavior is such that there is a likelihood that they may cause harm to themselves or to others or who have committed acts that could cause them to be adjudicated a delinquent child by the court.
C. Program for Children in Need of Protection (PA 5)
Program Area 5 services are provided to protect children, whose physical, mental or emotional well-being is threatened by the actions or omissions of parents, legal guardians or custodians, or persons responsible for providing out-of-home care, including a foster parents, an employee of a residential child care facility, and a provider of family child care or center-based child care.
Target groups for Program Area 5 are children whose physical, mental, or emotional well-being is threatened or harmed due to the abuse or neglect and children who are subjected to circumstances in which there is a reasonable likelihood that they are at risk of harm due to abuse or neglect by their parents or caretakers which shall include children who are alleged to be responsible for the abuse or neglect and are under the age of ten (10).
D. Program for Children and Families in Need of Specialized Services (PA 6)
Program Area 6 services are to provide statutorily authorized services to specified children and families in which the reason for service is not protective services or youth in conflict. These services are limited to children and families in need of adoption assistance, relative guardianship assistance, or Medicaid only services, or to children for whom the goal is no longer reunification. The purpose of services in Program Area 6 is to fulfill statutory requirements in the interests of permanency planning for children. Children must meet specific program requirements to receive services under the target groups.
Target Group information is located at Section 7.203 (12 CCR 2509-3).
E. Program for Resource Development (PA 7)
The purpose of Program Area 7 is to develop and coordinate the external resources necessary to fulfil the objectives of the social services programs.
Target Groups served by this program area are the individuals who will be serving children and families in such roles as volunteers, foster or kinship parents for children, adults, personal caregivers, homemakers or child care parents, or adoptive parents.
7.000.2 DEFINITIONS
A. The following are definitions of commonly used terms used in these rules:
“Abuse” or “child abuse and/or neglect” is defined in Section 19-1-103(1) and 19-3-102(1), C.R.S.
[“Actual knowledge” means direct and clear awareness of something, such as a fact or condition.]
“Agency response” means the protocol prescribed by the state and county departments that guides practice pertaining to the protection of children in the dual-track response system.
[“Application” means an action by a person or an authorized representative who indicates verbally or in writing to the county department a desire to receive human/social services.]
“Assessment” means the work conducted by a case worker to engage the family and the community to gather information to identify the safety, risks, needs and strengths of a child, youth, family, and community to determine the actions needed. “Assessment” and “investigation,” as used in Sections 19-3-308 - 19-3-308.5, C.R.S., are interchangeable in these rules.
“Authorized caregiver” means an individual or agency who is authorized by a parent, guardian or custodian to provide care to a child and who agrees to provide such care. The authorization may be temporary and need not be in writing unless otherwise required by law.
“Caregiver” means a child's parent, stepparent, guardian, legal custodian, relative, or any other person who resides in the child's home or who is regularly in the child's home for the purpose of exercising care over the child. It also includes the spousal equivalent or domestic partner of a parent or legal guardian. A “caregiver” shall not include a person who is regularly in the child's home for the purpose of rendering care for the child if such person is paid for rendering care and is not related to the child.
“Child” means any person from birth to eighteen (18) years of age.
“Child Care Service” means care of a child under the age of thirteen (13) years for a portion of a day, but less than twenty-four (24) hours. These services may be provided in the child’s own home by a person other than the parent or the primary caregiver in a relative home, an exempt day care home, in a licensed or certified day care home, or licensed group day care facility. Older children who need protection or have a special need may be approved for service by the county department.
“Child in need of services” includes a child who receives services regardless of whether the services are court ordered, county provided or voluntarily arranged by the family, or a child who needs services even if the services are not provided.
“Child’s vulnerability” refers to circumstances that place a child at a greater risk for abuse and/or neglect such as being six years of age or younger or having limited capacity to self-protect or provide self-care due to physical, emotional, and/or cognitive limitations.
“Child Welfare Child Care” means child care assistance used to maintain children in their own homes or in the least restrictive out-of-home care when there are no other child care options available. This care is less than twenty-four (24) hours daily. See section 7.302, “Child Welfare Child Care” (12 CCR 2509-4).
“Child Welfare Services” are the services and payments for services (other than medical services covered by the “Colorado Medical Assistance Act”) available, directly or indirectly, through the state and county departments for the benefit of eligible persons pursuant to rules adopted by the State Department or State Board of Human Services.
“Client” means any person applying for or receiving child welfare services from a county department.
“Colorado Safety Assessment Tool” means the tool in the State automated case management system that guides a case workers through a safety assessment process.
“Concurrent Planning” means the simultaneous preparation of plans to: 1) assist the child's parents or caregivers in completing a treatment plan that, when completed successfully will allow the child to return home safely; and, 2) place the child in a setting that will become the child's permanent home if the parents or caregivers are unable to successfully complete their treatment plan.
“Continuously available” means the assignment of a person to be near an operable telephone, pager system, cellular telephone, or to have such arrangements made through agreements with the local law enforcement agencies.
“County Department” means a county department of human or social services or, if applicable, the county agency responsible for providing child welfare services as defined by section 26-5-101(3), C.R.S.
“Delinquent act” means a violation of any statute, ordinance, or order enumerated in Section 19-2-104(1) (a), C.R.S. If a juvenile is alleged to have committed or is found guilty of a delinquent act, the classification and degree of the offense shall be determined by the statute, ordinance, or order that the petition in delinquency alleges was violated.
[“De novo” means that WHEN an issue is reviewed, AFFORDING NO DEFERENCE TO THE ORIGINAL DECISION once again as if the appeal were the first review.]
“Differential Response” is a dual-track response system for referrals that meet the criteria for assignment. The two response options are the High Risk Assessment (HRA) and the Family Assessment Response (FAR).
“Domestic partner” means a person who is in a family-type living arrangement with a parent and who would be a stepparent if married to that parent. “Domestic partner” and “spousal equivalent” are interchangeable in these rules.
“Domestic violence” means the commission or threatened commission of violence, including coercion, control, punishment, intimidation or revenge upon a person by a person with whom there is or was an intimate relationship.
“Egregious incident of abuse and/or neglect” means an incident of suspected abuse and/or neglect involving significant [injury,] violence, torture, use of cruel restraints, or other similar, aggravated circumstance.
“Emancipation from foster care” occurs when a youth reaches eighteen (18) years of age and is no longer under the jurisdiction of the court or is married or enters military service.
“Emancipation Transition Plan” means a personalized youth-driven written document that supports emancipation from foster care and is intended to prevent the youth from becoming homeless.
“Emotional abuse” means an identifiable and substantial impairment of the child's intellectual or psychological functioning or development or a substantial risk of impairment of the child's intellectual or psychological functioning or development as a result of the action or inaction of the alleged person responsible for abuse and/or neglect.
“Environment injurious to the welfare of a child” is when the environment caused injuries to the welfare of the child or reasonably could be foreseen as threatening to the welfare of the child and is in control of the parent, guardian, custodian or authorized caregiver.
“Expunge” is to designate a report or record as not having existed for the purpose of employment and background screening. However, a founded finding of abuse and/or neglect that is later expunged shall not preclude the county department from maintaining records of the report in the case file or in the State automated case management system for purposes of future safety and risk assessments.
“Facility” includes, but is not limited to: family child care homes, foster care homes, and any other facility subject to the Colorado “Child Care Licensing Act” and described in Section 26-6-102, C.R.S.
“Fair Hearing” means any procedure by which an Administrative Law Judge reviews facts in relation to an adverse action taken by a county department pursuant to section 3.850 of the Department of Human Services’ Income Maintenance rules (9 CCR 2503-8).
“Family” means parents, adults fulfilling a parental role, guardians, children, and others individuals related by ancestry, adoption, or marriage or as defined by the family.
“Family Assessment Response (FAR)” means the differential response track established for low and moderate risk situations where no finding of abuse and/or neglect is made.
“Fatal neglect,” for the purpose of determining severity level, is when the physical, [or emotional, OR MEDICAL] needs of the child are not met resulting in death.
“Fatal physical abuse,” for the purpose of determining severity level, means excessive or inappropriate force used resulting in a child's death.
“Finding” means the determination about whether an incident of abuse and/or neglect occurred.
“Foster care” means the placement of a child into the legal custody or legal authority of a county department for physical placement of the child in foster family care homes, certified and non-certified kinship family care homes, or licensed facility.
“Founded” means that the abuse and/or neglect assessment established by a preponderance of the evidence that an incident(s) of abuse and/or neglect occurred. “Founded” can also be utilized in a referral when there is a law enforcement fatality investigation with no surviving child sibling, or a law enforcement investigation of a third party incident of abuse and/or neglect. “Founded” and “confirmed,” as used in sections 19-3-308 - 308.5, C.R.S., are interchangeable in these rules.
“Framework” is a method for organizing and analyzing information as it pertains to child safety.
“Good cause” is a legitimate reason why a process should be modified. Such reasons may be that it was not possible for a party to meet a specified deadline and there was incapacity of the party or representative, lack of proper notice of the availability of the appeal process, additional time is required to obtain documents which were timely requested but not delivered, or other circumstances beyond the control of the party. [TO MODIFY THE PROCESS WOULD BE LIMITED TO EMERGENCY CONDITIONS OR CIRCUMSTANCES BEYOND THE CONTROL OF THE PARTY SEEKING THE MODIFICATION, SUCH AS, BUT NOT LIMITED TO, IMPOSSIBILITY FOR A PARTY TO MEET A SPECIFIED DEADLINE, INCAPACITY OF THE PARTY OR REPRESENTATIVE, LACK OF PROPER NOTICE OF THE AVAILABILITY OF THE APPEAL PROCESS, ADDITIONAL TIME REQUIRED TO OBTAIN DOCUMENTS WHICH WERE TIMELY REQUESTED BUT NOT DELIVERED, OR OTHER SITUATIONS WHICH WOULD PREVENT A REASONABLE PERSON FROM MEETING A DEADLINE OR COMPLYING WITH THE PROCESS WITHOUT MODIFICATION.]
“Gray Area” is a heading included in the RED Team framework. This section captures any information, questions or areas needing further exploration. This may include risk factors that require some type of follow up to determine their validity and impact on the child(ren). Information captured in the "Gray Area" section may be routinely reviewed by child welfare staff to determine trends, or potential areas needing further discussion and /or elaboration when gathering information from reporters.
“High Risk Assessment (HRA)” means the differential response track established for high risk situations where the alleged victim child(ren) are identified and a finding of abuse and/or neglect is made.
“Household” is defined as:
1. One or more adult(s) and child(ren), if any, related by blood, or law, residing together.
2. Where adults, other than spouses, domestic partners, or spousal equivalent reside together, each is considered a separate household. Emancipated minors and children living under the care of individuals not legally responsible for that care are also considered separate households.
3. When determining monthly gross income in establishing a foster care fee, a stepparent, who is not legally responsible for a child, is not considered a member of the household. Stepchildren for whom the custodial parent(s) are not legally responsible are not considered part of the household in establishing a foster care fee.
“Impending danger” means a threat(s) to child safety not occurring at present but likely to occur in the near future and likely to result in moderate to severe harm to a child.
“Inconclusive” means that the abuse and/or neglect assessment established that there was some likelihood that an incident(s) of abuse and/or neglect occurred but assessment could not obtain the evidence necessary to make a founded finding.
“Independent Living Arrangement (I.L.A.)” means a placement in foster care where a youth lives independently in the community under the supervision of the county department. Receiving funds is not a necessary condition for a youth to be in an I.L.A. Youth shall receive casework services on I.L.A. with or without receipt of the I.L.A. stipend.
“Independent Living Assessment” means an evaluation of the youth's daily living skills. This assessment will document the youth's strengths and needs, as well as capacity and motivation to learn the appropriate skills.
“Independent Living Plan (I.L.P.)” means part of the Family Services Plan that includes those services designed to promote or enhance a youth's capacity to make a successful transition from out-of-home care to living independently and maintaining self-sufficiency.
“Intrafamilial abuse and/or neglect” means any case of abuse and/or neglect, as defined in Sections 19-1-103(1) and 19-3-102(1) and (2), C.R.S., that occurs within a family or non-certified kinship care context by a caregiver; except that “intrafamilial abuse” shall not include abuse and/or neglect by a person who is regularly in the child's home for the purpose of rendering care for the child if such person is paid for rendering care and is not related to the child.
“Institutional abuse” means any case of abuse and/or neglect that occurs in any public or private facility in the state that provides out of the home care for children. Institutional abuse shall not include abuse and/or neglect that occur in any public, private, or parochial school system, including any preschool operated in connection with said system; except that, to the extent the school system provides licensed child care before and/or after school, abuse that occurs while such services are provided shall be institutional abuse.
“Juvenile” means any person between ten (10) and twenty-one (21) years of age.
“Kin” are relatives, persons ascribed by the family as having a family-like relationship, and individuals who have a prior significant relationship with the child or youth. These relationships take into account cultural values and continuity of significant relationships.
A “known” incident of abuse and/or neglect exists when a child has been observed being subjected to circumstances or conditions that would reasonably result in abuse and/or neglect.
“Mandatory reporter” means a person required by Section 19-3-304, C.R.S., to report suspected abuse and/or neglect.
“Minor neglect,” for the purposes of determining severity level, is when the physical or emotional needs of the child are marginally or inconsistently met, but there is little or no impact on the child's functioning.
“Minor physical abuse,” for the purposes of determining severity level, is excessive or inappropriate force used resulting in a superficial injury.
“Moderate neglect,” for the purpose of determining severity level, is when the physical or emotional needs of the child are inadequately met resulting in some impairment in the child's functioning.
“Moderate physical abuse,” for the purposes of determining severity level, is excessive or inappropriate force used resulting in an injury that may require medical attention.
“Moderate to severe harm” means the consequence of maltreatment at a level consistent with a moderate, severe or fatal level of physical abuse, sexual abuse and/or neglect.
“Near fatality” means a case in which a physician determines that a child is in serious, critical, or life-threatening condition as the result of sickness or injury caused by suspected abuse and/or neglect.
“Preponderance of evidence” means credible evidence that a claim is more [probably LIKELY] true than not.
“Present danger” means an immediate, significant, and clearly observable threat to child safety that is actively occurring and will likely result in moderate to severe harm to a child.
“Primary caregiver” means the caregiver who assumes the most responsibility for care of the child.
“Provider” means a vendor of goods and/or services under the child welfare services program.
“Purchased services” are those services made available to clients through another public agency, a private agency, or a private individual under contract with the state or county department.
“Reasonable efforts” means the exercise of diligence and care throughout county department involvement with children, youth, and families.
“RED Team” is the acronym for Review, Evaluate and Direct. The RED Team is a group decision making process that utilizes the framework and agency response guide to determine county department response to referrals.
“Referral” means a report made to the county department that contains one or more of the following:
1. Allegations of child abuse and/or neglect [AS DEFINED IN SECTION 19-1-103(1) AND 19-3-102(1), C.R.S.;]
2. Information that a child or youth is beyond the control of his/her parent;
3. Information about a child or youth whose behavior is such that there is a likelihood that the child or youth may cause harm to him/herself or to others, or who has committed acts that could cause him/her to be adjudicated by the court as a delinquent;
4. Information indicating that a child or youth meets specific Program Area 6 requirements and is in need of services.
“Risk” means detailed worries/concerns of what could happen in the future (risk level indicates the likelihood).
“Safe” means a condition where there is no present or impending threat of [moderate to severe] harm to a vulnerable child from current known family conditions, or the protective capacities in the family are sufficient to control existing dangers of threats of danger and protect the vulnerable child.
“Safety intervention” means the actions and decisions required to:
1. Identify and assess threats to child safety;
2. Plan for an unsafe child or children to be protected;
3. Facilitate caregivers in taking responsibility for child protection; and,
4. Manage plans designed to assure child safety while a safe and permanent home is established.
“Safety Plan” means a time-limited written plan that:
1. Establishes protection for a child in an effort to prevent out of home placement in situations of moderate to severe harm;
2. Is made by the family or natural supports, safety service providers, and the county department; and
3. Does not rely on the person responsible for abuse and/or neglect to initiate protective actions in order for the plan to be operationalized.
“Severity level” means the assessment of the harm to the child victim or the act of abuse and/or neglect as minor, moderate, severe or fatal as defined in these rules. Sexual abuse severity is to be determined based upon the type of contact, duration of contact, and the emotional impact upon the child.
“Severe neglect”, for the purpose of determining severity level, is when the physical or emotional needs of the child are not met resulting in serious injury or illness.
“[EGREGIOUS Severe neglect – egregious”], for the purpose of determining severity level, is when the physical or emotional needs of the child are not met [resulting in serious injury or illness] and involves significant violence, torture, use of cruel restraints, or other similar, aggravated circumstance.
“[NEAR FATAL Severe neglect – near fatal”], for the purpose of determining severity level, is when the physical or emotional needs of the child are not met [resulting in serious injury or illness and is IN aN INCIDENT case] in which a physician determines that a child is in serious, critical, or life-threatening condition as the result of sickness or injury caused by suspected abuse and/or neglect.
“Severe physical abuse”, for the purpose of determining severity level, means excessive or inappropriate force used resulting in a serious injury that requires medical attention or hospitalization.
“[EGREGIOUS Severe physical abuse – egregious”], for the purpose of determining severity level, [IS PHYSICAL ABUSE means excessive or inappropriate force used resulting in a serious injury that requires medical attention or hospitalization and involves INVOLVING] significant violence, torture, use of cruel restraints, or other similar, aggravated circumstance.
“[NEAR FATAL Severe physical abuse – near fatal”], for the purpose of determining severity level, [means excessive or inappropriate force used resulting in a serious injury that requires medical attention or hospitalization INVOLVES AN and is a case INCIDENT] in which a physician determines that a child is in serious, critical, or life-threatening condition as the result of sickness or injury caused by suspected abuse and/or neglect.
“Sibling” means one of two or more individuals who is descended from one or two mutual parents. The term also includes stepsiblings and former stepsiblings.
“Spousal equivalent” means a person who is in a family-type living arrangement with a parent and who would be a stepparent if married to that parent. “Spousal equivalent” and “domestic partner” are interchangeable in these rules.
“State automated case management system” means the state automated child welfare information system computer database.
The “State Department” means the Colorado Department of Human Services.
“Supplemental Security Income (SSI)” means the monthly cash payments made by the Social Security Administration to an aged, blind, or disabled individual who meets the requirements under Title XVI of the Social Security Act.
“Supportive Activities” means those activities of the informational, statistical, clerical personnel, and staff training systems that support the child welfare services program.
“Support Plan” means a written plan developed in the absence of safety concerns. It is family-driven, department-facilitated, and includes the family’s network, which may include extended family, friends, informal supports and community resources. A support plan is concrete, agreed upon, and includes specific actions that the family and network are doing to mitigate risk and ensure future safety.
A “suspected” incident of abuse and/or neglect means an incident based on a single act or patterns of behavior, conditions, statements or injuries that would lead to a reasonable belief that abuse and/or neglect has occurred or that there is a serious threat of harm to the child.
“Third-party abuse and/or neglect” means a situation where a child is subjected to abuse and/or neglect by any person who is not a parent, stepparent, guardian, legal custodian, spousal equivalent, or any other person not included in the definition of intrafamilial abuse or institutional abuse.
“Threat of moderate to severe harm” relates to conditions, behaviors or attitudes that could result in moderate to severe harm.
“Traditional response” means the response used by counties not selecting to participate in Differential Response for all assessments of low, moderate, and high risk.
“Unfounded” means that the abuse and/or neglect assessment established that there is clear evidence that no incident of abuse and/or neglect occurred.
“Unsafe” means a condition where there is a present or impending threat(s) of moderate to severe harm to a child and protective capacities of the caregiver(s) are insufficient to control danger or threats of danger.
“Youth” means any person at least twelve (12) years of age and under twenty-one (21) years of age.
B. The following are definitions of terms related to assessments of medical neglect of infants and toddlers with disabilities:
“Designated Hospital Liaison” means the person named by the hospital or health care facility to act as the contact with the county department in all aspects of cases of suspected withholding of medically-indicated treatment from infants and toddlers with disabilities and with life threatening conditions.
“Hospital Review Committee (H.R.C.)” means an entity established to deal with medical and ethical dilemmas arising in the care of patients within a hospital or health care facility. Where they exist, the committee may take many organizational forms, such as an "infant care review committee" or an "institutional-bioethics committee”. The functions for a committee may differ from institution to institution, including the authorization to review and recommend treatment in specific cases.
“Infant with a disability” means a child less than one year of age who was born with a life-threatening condition and who may have additional non-lethal physical or mental disabilities. The definition includes children over the age of one year who have been continuously hospitalized since birth, who were born extremely premature, or who have a long-term disability. These procedures do not imply that treatment should be changed or stopped when an infant reaches one year of age. The primary population to be addressed in these regulations is that of the hospitalized infant. Any other situations involving medical neglect of children will be provided for under the existing protections of the Colorado Children's Code regarding medical care of children.
“Reasonable medical judgment” means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.
“Withholding of medically-indicated treatment” means the failure to respond to the infant's life-threatening conditions by providing treatment (including appropriate nutrition, hydration, and medication) that, in the treating physician's reasonable medical judgment, will be most likely to be effective in improving or correcting all such conditions. The term does not include, however, the failure to provide treatment to an infant (other than appropriate nutrition, hydration or medication) when, in the treating physician's (or physicians') reasonable medical judgment any of the following circumstances apply:
1. The infant is chronically and irreversibly comatose;
2. The provision of treatment would merely prolong dying, not be effective in improving or correcting all of the infant's life-threatening conditions, or otherwise be futile in terms of the survival of the infant;
3. The provision of treatment would be virtually futile in terms of the survival of the infant and the treatment itself under such circumstances would be inhumane.
[7.000.3 EXCEPTIONS]
[EXCEPTIONS TO RULE ARE ALLOWED WHEN JUSTIFICATION FOR THE EXCEPTION AND THE ALTERNATIVE PROVISION MEET THE FOLLOWING REQUIREMENT(S):
A. DO NOT IMPACT THE SAFETY AND/OR RISK OF A CHILD(REN); AND,
B. ARE IN THE BEST INTEREST OF THE CHILD(REN).
THE EXCEPTION SHALL BE DOCUMENTED IN THE STATEWIDE AUTOMATED CASE MANAGEMENT SYSTEM AND APPROVED BY A COUNTY DEPARTMENT SUPERVISOR. EXCEPTIONS CANNOT BE GRANTED FOR REQUIREMENTS OF FEDERAL LAW, STATE STATUTES, OR THOSE RULES DIRECTLY RELATED TO THE SAFETY AND/OR RISK OF A CHILD(REN). EXCEPTIONS CANNOT BE GRANTED FOR FINANCIAL LIMITATIONS ESTABLISHED IN RULE.]
***********************
(12 CCR 2509-2)
[7.100 (NONE) REFERRAL AND ASSESSMENT]
[7.101 REFERRALS]
["Referral" means a report made to the county department that contains one or more of the following:
A. Allegations of child abuse or neglect as defined in Section 19-1-103(1), C.R.S.;
B. Information that a child or youth is beyond the control of his/her parent;
C. Information about a child or youth whose behavior is such that there is a likelihood that the child or youth may cause harm to him/herself or to others, or who has committed acts that could cause him/her to be adjudicated by the court as a delinquent;
D. Information indicating that a child or youth meets specific Program Area 6 requirements and is in need of services.]
[7.101.1] DOCUMENTATION OF REFERRALS
All reports that meet the definition of a referral shall be entered into the state automated case management system. Any time a case is opened, it shall come through the referral or assessment process in the state automated case management system with the exception of Interstate Compact on the Placement of Children (ICPC), out of state subsidized adoption, and Division of Youth Corrections (DYC) Medicaid-only.
7.102 HOTLINE REQUIREMENTS (Reserved for Future Use)
[7.103 7.103.1] RECEIPT OF REFERRAL ALLEGING INTRAFAMILIAL OR THIRD PARTY ABUSE AND/OR NEGLECT – INFORMATION TO BE GATHERED
Upon receipt of a referral alleging intrafamilial or third party abuse and/or neglect, county departments shall gather and document as much of the following information, as available:
A. Reporting party’s name, address, and telephone number, e-mail, fax, role, agency and relationship to the alleged victim child(ren) and family;
B. Alleged victim child(ren)’s name, address, current specific location, school (if applicable), birth date(s), and extent of injuries;
C. Family and household members, names, dates of birth, [and relationship to each other, and RELATIONSHIP TO THE alleged victim child(ren);
D. Name, date of birth, present location, and current or last known address of the person alleged to be responsible for the abuse and/or neglect;
E. The presenting problems and specific allegations of the abuse and/or neglect, and the nature of the environment;
F. The duration and nature of the alleged abuse and/or neglect and whether the conditions have worsened, improved, or remained unchanged;
G. The date, time and location the alleged victim child(ren) were last seen by the reporting party;
H. The nature of any concerns regarding the interactions between the caregivers;
I. The nature of any law enforcement involvement with the family;
J. Whether there are any weapons in the home;
K. The nature and extent of any drug use by family or household members;
L. The nature of any other environmental hazards in the home (e.g., vicious animals, methamphetamine labs, criminal activity, etc.);
M. The name, address and telephone number of other individuals who may have information about the referral;
N. The identity and contact information of collateral agencies and individuals involved with the family;
O. Records check result of internal and state automated case management system inquiries;
P. Date and time referral received;
Q. Family strengths and supports;
R. Possible solutions for resolving the presenting problem;
S. Race and primary language of the child and family;
T. Information as to whether or not the children have American Indian or Alaskan Native heritage, and if so, the Tribal affiliation; and,
U. Any actions taken by the referral source or reporting party.
[7.103.11] Jurisdiction for Referrals Concerning Intrafamilial and Third-Party Abuse and/or Neglect
A. The county department with jurisdiction for responding to a referral concerning intrafamilial or third-party abuse is the department for the county in which the alleged victim child(ren) resides the majority of the time except when custody of the alleged victim child(ren) is shared equally between caregivers. When custody is shared equally between caregivers, the county department with jurisdiction is the department for the county in which the person(s) alleged to be responsible for the abuse and/or neglect reside, if known.
B. When a family is homeless as defined in 42 U.S.C. [Section 1130(A) and (B) 11302], the county department with jurisdiction is the department for the county in which the alleged victim child(ren)’s primary nighttime residence is located.
C. If the jurisdiction is unable to be determined by A or B, above, the county department with jurisdiction is the department for the county in which the alleged victim child(ren) are currently present, as set forth in Section 19-3-201, C.R.S.
D. County departments shall use available resources to determine jurisdiction including, but not limited to:
1. Colorado benefits management system;
2. Alleged victim child(ren)’s school or daycare;
3. History within the state automated case management system;
4. Colorado courts;
5. Where services may be provided.
[7.103.12] Transfer of Jurisdiction
A. If the county department that receives a referral determines that another county department has jurisdiction, the county department that received the referral shall:
1. Gather and document all information as available in Section 7.103.1, A;
2. Gather and document all information necessary to determine jurisdiction; and
3. Contact the county determined to have jurisdiction within the following timeframes:
a. If the referral is assigned an immediate response, within four (4) hours of determining jurisdiction.
b. If the referral is assigned either a three (3) day or five (5) day response, within one (1) business day of determining jurisdiction.
B. The county determined to have jurisdiction shall screen the referral.
C. When the county department that received the referral makes a decision based upon the referral prior to determining jurisdiction, the county department determined to have jurisdiction shall uphold that decision including assignment and response time, unless:
1. Additional or new information is gathered by the county department determined to have jurisdiction.
2. The additional or new information shall relate to the safety of the child.
[3. THE CHILD WELFARE OR COUNTY DEPARTMENT DIRECTOR OF THE COUNTY DEPARTMENT DETERMINED TO HAVE JURISDICTION OVERRIDES THE DECISION.]
[3. 4. The AUTHORIZATION,] information and justification for any change shall be documented in the referral notes.
D. If an immediate response is necessary, the county department where the child is located at the time of the referral is the responsible county department while jurisdiction is determined.
7.103.2 RECEIPT OF REFERRAL ALLEGING INSTITUTIONAL ABUSE AND/OR NEGLECT – INFORMATION TO BE GATHERED
Upon the receipt of a referral alleging institutional abuse and/or neglect, the county department shall gather as much of the following information, as available:
A. Reporting party’s name, address, telephone number, e-mail, facsimile, role, and relationship to alleged victim child(ren) and family;
B. Alleged victim child(ren)’s name, address, current specific location, school (if applicable), birth date(s), and extent of injuries;
C. The presenting problems and specific allegations of the abuse and/or neglect;
D. Name, address, and present location of the person(s) alleged to be responsible for the abuse and/or neglect. If the person(s) is a staff person(s), determine if the person(s) is still on duty or off duty. If the person(s) is another resident, determine where he/she is at the time this information is obtained;
E. Any indication that other children in the institution are or have been injured, abused, and/or neglected, and if so, their names addresses and current location;
F. Time, date, location and witness(es) of the incident;
G. Any other information which might be helpful in establishing the cause of the injury, abuse and/or neglect;
H. Name, address, and contact information of the parent(s)/guardian(s) of the alleged victim child(ren);
I. Name, address and telephone number of the institution and whether there is an after-hours telephone number for the institution;
J. Name and address of the agency holding legal custody of the alleged victim child(ren);
K. Historical and current information regarding the alleged victim child(ren), the facility and the person(s) alleged to be responsible for the abuse and/or neglect.
L. Whether the institution has been apprised of the allegation and if so, the action(s) that have been taken by the institution, such as:
1. Notification of the custodial county/agency.
2. Notification of the parent(s)/guardians.
3. Separation of the alleged victim child(ren) from the person(s) [alleged to be] responsible for the abuse and/or neglect.
4. Provision of medical treatment, and if no medical treatment has been provided whether in the reporter's opinion, an injury was sustained which would constitute a medical emergency.
7.103.21 Jurisdiction for Referrals Concerning Institutional Abuse and/or Neglect
[The county department with jurisdiction for responding to a referral concerning institutional abuse is the department for the county in which the facility named in the referral is located. THE COUNTY IN WHICH THE FACILITY IS LOCATED SHALL HAVE JURISDICTION FOR RESPONDING TO A REFERRAL CONCERNING INSTITUTIONAL ABUSE.]
7.103.3 INITIAL REVIEW
When available, the county department shall gather the information in Section 7.103.1, A and/or B, and conduct an initial review. The initial review shall decide the appropriateness of immediate assessment and/or RED Team review. It shall include, but not be limited to, the following actions:
A. Review the state automated case management system and any available county department files [WITHIN TWENTY-FOUR (24) HOURS] for:
1. Prior referrals and/or involvement with the alleged victim child(ren), family, and person(s) alleged to be responsible for the abuse and/or neglect;
2. Actions taken; and,
3. Services provided to inform whether there is known or suspected abuse and/or neglect or serious threats of harm to a child.
B. As available and appropriate, [obtains ] information from collateral sources such as schools, medical personnel, law enforcement agencies, or other care providers.
7.103.4 RED TEAMS
A. County departments shall develop and implement a process utilizing the RED Team framework to review referrals and determine response times. [This process shall specify the types of referrals to be reviewed, and be submitted to and approved by the State Department. THE RED TEAM PROCESS SHALL BE UTILIZED FOR ALL REFERRALS, WITH THE EXCEPTION OF:]
[1. REFERRALS NECESSITATING AN IMMEDIATE RESPONSE;
2. REFERRALS NECESSITATING A RESPONSE PRIOR TO THE NEXT BUSINESS DAY;
3. REFERRALS ALLEGING INSTITUTIONAL ABUSE AND/OR NEGLECT; OR,
4. REFERRALS ALLEGING YOUTH IN CONFLICT.]
[COUNTIES MAY CHOOSE TO UTILIZE THE RED TEAM PROCESS FOR THE ABOVE EXCEPTIONS.]
B. The RED Team framework shall include, but not be limited to:
1. Danger/harm;
2. Complicating/risk factors;
3. Gray area;
4. Cultural considerations/race;
5. Safety;
6. Strengths/protective factors; and
7. Next steps.
C. All RED Team decisions shall be approved by a supervisor by the end of the calendar day and documented in the state automated case management system by the end of the next business day.
7.103.5 REFERRALS REQUIRING NO FURTHER ACTION
A. County departments may determine that a referral does not require further action and screen it out for the following reasons:
1. The current allegations have previously been assessed;
2. The alleged victim child(ren) are not located or reside in the State of Colorado. In this circumstance, the county department shall inform the other state or county department of the referral;
3. Referral does not meet criteria of abuse and/or neglect as defined in statutes and regulations;
4. Referral lacks sufficient information to locate the alleged victim child(ren);
5. Referral is duplicative of a previous referral. In this circumstance, the county department shall associate the duplicate referral with the previous referral in the state automated case management system);
6. The person alleged to be responsible for the abuse and/or neglect is a third (3rd) party and ten (10) years of age or older. In this circumstance, the county department shall send the referral to the appropriate law enforcement agency;
7. There is no current allegation of abuse and/or neglect; and,
8. Other (applicable for Program Area 4 only and requires documentation explanation in the state automated case management system).
7.103.6 CRITERIA FOR ASSIGNING A REFERRAL FOR ASSESSMENT
A. County departments shall assign a referral for assessment if it:
1. Contains specific allegations of known or suspected abuse and/or neglect as defined in Section 7.000.2;
2. Provides sufficient information to locate the alleged victim; and,
3. Identifies a victim under the age of eighteen (18).
B. Any time a case is opened, it shall come through the referral or assessment process in the state automated case management system with the exception of Interstate Compact on the Placement of Children (ICPC), out of state subsidized adoption, out of state Medicaid, [INTERSTATE COMPACT ON ADOPTION AND MEDICAID ASSISTANCE (ICAMA),] or Division of Youth Corrections (DYC) Medicaid-only.
7.103.61 RESPONSE TIME FOR REFERRALS ASSIGNED FOR ASSESSMENT
A. County departments shall assign the appropriate response time for assessments based upon the date the referral is received using the following criteria:
1. An immediate and/or same day response is required when a referral indicates that:
a. There may be present danger of moderate to severe harm; or,
b. The child's vulnerability and/or factors such as drug and alcohol abuse, violence, isolation, or risk of flight from one county to another county or state increase the need for immediate response.
2. A three (3) calendar day response is required when a referral indicates that:
a. There may be impending danger of moderate to severe harm; or,
b. The alleged victim child(ren)’s vulnerability and/or factors such as drug and alcohol abuse, violence, isolation, or risk of flight from one county to another county or state, increase the need for intervention in the near future.
[THE THREE (3) CALENDAR DAY COUNT EXPIRES AT THE END OF THE THIRD CALENDAR DAY FOLLOWING RECEIPT OF THE REFERRAL.]
3. A five (5) working day response is required when a referral indicates an absence of safety concerns. The five (5) day count excludes the date the referral was received.
B. The decision of how quickly to initiate an assessment shall be based on specific reported information that is credible and that indicates whether a child may be unsafe or at risk of harm.
C. If a referral requiring an immediate and/or same day response is received after regular business hours, the time frame for response is immediate and/or up to eight (8) hours.
D. If the caseworker is unable to locate the alleged victim child(ren) within the assigned response time, reasonable efforts shall continue to locate the child according to the original assigned response time.
7.103.7 DIFFERENTIAL RESPONSE
A. County departments interested in participating in Differential Response shall conduct the following:
1. Submit a letter of interest to the State Department;
2. Form a County Differential Response Implementation Committee;
3. Attend Differential Response Training and Coaching Sessions as determined by the State Department;
4. Complete the Readiness Self-Assessment Process;
5. Demonstrate the ability to meet the State Department’s performance expectations on safety and well-being measures; and,
6. Demonstrate county staff understands how to correctly enter information into the state automated case management system.
Upon successful completion of the above efforts, a county may be selected to participate in Differential Response by the Executive Director of the State Department.
B. County departments that implement Differential Response shall utilize the RED Team framework to review referrals, determine response times, and determine the appropriate track assignment in accordance with the approved RED Team process.
1. High Risk Assessment (HRA) is mandatory for [referrals alleging] a child fatality, near fatality, [and OR egregious incident DETERMINED TO BE THE RESULT] of abuse and/or neglect, institutional abuse, and intrafamilial sexual abuse. RED Teams may use discretion to assign a High Risk Assessment (HRA) based on the following factors: present danger, [high level of risk,] multiple previous referrals, and/or presenting case characteristics such as type of alleged maltreatment paired with high vulnerability of the alleged victim.
2. The Family Assessment Response (FAR) is for referrals with low to moderate risk. RED teams may use discretion to assign the Family Assessment Response (FAR) in [referrals with high risk ASSESSMENTS ALLEGING A CHILD FATALITY, NEAR FATALITY, OR EGREGIOUS INCIDENT. IF IT IS DETERMINED THAT A CHILD FATALITY, NEAR FATALITY OR EGREGIOUS INCIDENT IS THE RESULT OF ABUSE AND/OR NEGLECT, THE TRACK SHALL BE CHANGED TO A HIGH RISK ASSESSMENT. INSTITUTIONAL ABUSE OR INTRAFAMILIAL SEXUAL ABUSE SHALL NOT BE ASSIGNED THE FAMILY ASSESSMENT RESPONSE (FAR).]
3. All RED Team decisions shall be approved by a supervisor by the end of the calendar day and documented in the state automated case management system by the end of the next business day.
7.103.8 DUTIES TO REPORTING PARTIES – INFORMATION TO BE PROVIDED
A. Within thirty (30) calendar days of receiving a referral alleging abuse and/or neglect from a mandatory reporter listed in Section 19-1-307(2)(e.5)(I), C.R.S., the county department shall notify such individual when:
1. The county department is aware the individual is and continues to be officially and professionally involved in the ongoing care of the child who was the subject of the referral; and,
2. The mandatory reporter has a need to know in order to fulfill his or her professional and official role in maintaining the child’s safety; [AND,]
[3. UNLESS THE COUNTY DEPARTMENT HAS ACTUAL KNOWLEDGE THAT THE MANDATORY REPORTER CONTINUES TO BE OFFICIALLY AND PROFESSIONALLY INVOLVED IN THE ONGOING CARE OF THE CHILD WHO WAS THE SUBJECT OF THE REPORT, A COUNTY DEPARTMENT SHALL REQUEST WRITTEN AFFIRMATION FROM A MANDATORY REPORTER STATING THAT THE REPORTER CONTINUES TO BE OFFICIALLY AND PROFESSIONALLY INVOLVED IN THE ONGOING CARE OF THE CHILD WHO WAS THE SUBJECT OF THE REPORT AND DESCRIBING THE NATURE OF THE INVOLVEMENT.]
B. The county department shall notify the mandatory reporter of the following information:
1. The name of the child and the date of the referral;
2. Whether the referral was accepted for assessment;
3. Whether the referral was closed without services;
4. Whether the assessment resulted in services related to the safety of the child;
5. The name of and contact information for the county caseworker responsible for the assessment; and,
6. Notice that the reporting mandatory reporter may request updated information within ninety (90) calendar days after the county department received the referral and information concerning the procedure for obtaining updated information.
7.103.9 DOCUMENTATION REQUIREMENTS – WHEN SUPERVISOR APPROVAL IS REQUIRED
A. All referrals including the information gathered pursuant to Section [7.103.1, A and B, AND 7.103.2] shall be entered into the state automated case management system [within twenty-four (24) hours of receipt BY THE END OF THE NEXT BUSINESS DAY FOLLOWING RECEIPT OF THE REFERRAL.]
B. The initial review shall be documented in the state automated case management system [within twenty-four (24) hours of BY THE END OF THE NEXT BUSINESS DAY FOLLOWING RECEIPT] of the referral. The supervisor is to ensure that the review and the documentation have occurred.
C. The decision to screen out a referral for further action shall be documented in the state automated case management system by the end of the following business day that the decision is made. This shall include an explanation of the reasons why no further action was needed. The determination to screen out a referral for further action must be approved by a supervisor.
D. All RED Team decisions shall be approved by a supervisor by the end of the calendar day and documented in the state automated case management system by the end of the next business day.
7.104 ASSESSMENTS OF INTRAFAMILIAL, INSTITUTIONAL, AND THIRD-PARTY ABUSE AND/OR NEGLECT REFERRALS
A. The assessment shall begin with face-to-face contact with the alleged victim child(ren) and includes, but is not limited to:
1. Face-to-face contact with the primary caregiver;
2. Assessing for safety and taking action to secure safety, if indicated;
3. Assessing risk, needs, and strengths of child(ren) and families; and,
4. Obtaining culturally relevant and appropriate resources for the alleged victim child(ren) and their families.
B. At the point of first contact with the alleged victim child(ren), the assessment shall focus immediately on whether the child is safe, [AND INCLUDE THE FOLLOWING:]
1. To assess for safety, county departments shall consider:
a. The safety threshold criteria current or impending danger of moderate to severe harm;
b. The ten (10) [current PRESENT or impending dangers REFERENCED IN SECTION 7.107.13;]
c. Child/youth vulnerabilities/strengths;
d. Caregiver strengths/protective capacities; and,
e. Actions that respond to the current or impending danger.
2. If the child is unsafe, the caseworker shall analyze whether a safety plan can reasonably be expected to control current or impending danger while the assessment continues, and if so, develop a safety plan as described in Section 7.107.16. If a safety plan cannot reasonably be expected to control current or impending danger the caseworker shall, if necessary, initiate an out-of-home placement. Section 19-3-401, C.R.S., describes the process of taking children into custody. [IF THE CHILD IS UNSAFE, THE SAFETY ASSESSMENT, SAFETY PLAN, OR DECISION TO INITIATE AN OUT-OF-HOME PLACEMENT MUST BE REVIEWED AND APPROVED BY A SUPERVISOR AS SOON AS POSSIBLE AND AT MOST WITHIN TWENTY-FOUR (24) HOURS.]
3. For county departments implementing Differential Response, in the first [thirty (30) SIXTY (60)] calendar days of a Family Assessment Response (FAR), upon supervisory approval, the caseworker may change tracks to a High Risk Assessment (HRA) to assess, attain or maintain child safety due to lack of cooperation or additional information gathered during the assessment, or if requested to do so by the person(s) alleged to be responsible for the abuse and/or neglect.
4. For county departments implementing Differential Response, if at any point the safety cannot be sustained in a Family Assessment Response (FAR), the caseworker, with approval from the supervisor, shall open a case and/or request court orders. If at any point new information is gathered that contains information defined in Section [7.202.4, G, 7.103] a new referral shall be generated.
C. Safety interventions shall be used continuously throughout all assessments. Safety interventions are defined as the actions and decisions required to:
1. Identify and assess threats to child safety;
2. Plan for an unsafe child(ren) to be protected;
3. Facilitate caregivers in taking responsibility for child protection; and,
4. Manage plans designed to assure child safety while a safe and permanent home is established.
D. When determining jurisdiction within open assessments, when there are safety concerns, consider the following:
1. The timeframes and completion of activities within the assessment including response time, completion of the safety and risk assessment, and the assessment closure;
2. Verification of the new residence and documentation of efforts to determine correct jurisdiction;
3. Considerations of distance between reported residence and new residence; and,
4. Assessment completion and the need for further services.
E. When determining jurisdiction within open assessments, when no further safety concerns are identified, the county with the open assessment shall complete the assessment.
7.104.1 INTRAFAMILIAL ABUSE AND/OR NEGLECT ASSESSMENT – TIMING AND ELEMENTS
A. The assessment shall begin as soon as reasonably possible following receipt of the referral according to the assigned response time.
B. The assessment shall be conducted as set forth in Section 19-3-308(2), (3), (4) through 19-3-308.5, C.R.S., and the following:
1. The assessment shall include an interview, with or observation of the alleged victim child(ren) within the assigned response timeframe, according to the following procedures:
a. Interviews shall be face-to-face with the child if the child has the verbal ability to relate information relevant to safety decisions. If the child does not have such verbal ability, observation of the child is sufficient.
b. Interviews shall be conducted out of the presence of the person(s) alleged to be responsible for the abuse and/or neglect.
c. The requirements of section (B) above do not apply in a Family Assessment Response (FAR) where the initial interview may be conducted with the entire family, when doing so does not compromise the safety of the child(ren). Children may be interviewed outside the presence of the suspected person(s) responsible for the abuse and/or neglect at any point during the assessment. If domestic violence is alleged, the non-offending parent victim and alleged victim child(ren) shall be interviewed separate and apart from the alleged perpetrator.
d. Information obtained from the interview with the non-offending parent and victim child(ren) shall not be revealed to the alleged perpetrator of domestic violence, [BUT SHALL BE SUBJECT TO THE RULES OF DISCOVERY AND GOVERNED BY THE CONFIDENTIALITY PROVISIONS UNDER SECTION 7.605.]
e. If the interview or observation cannot be accomplished within the assigned response timeframe, reasonable efforts to interview or observe the child(ren) shall continuously be made. These efforts shall continue until the interview or observation occurs or the assessment is completed.
2. The assessment shall include interviews with all children, caregivers, non-custodial parent(s), family members, and other persons identified through the assessment who may have information regarding the alleged abuse and/or neglect to determine:
a. Extent of child maltreatment, to include, but not limited to:
1) Impact to the child;
2) Type and severity of injuries, if applicable; and
3) Child’s explanation of the maltreatment.
b. Circumstances surrounding the child maltreatment, to include, but not limited to:
1) Caretaker explanation of the maltreatment;
2) Environmental influences; and,
3) Contributory factors.
c. Child functioning on a daily basis;
d. Adults and caregiver functioning on a daily basis; and,
e. Parenting practices and disciplinary practices.
3. The assessment shall include visiting the alleged victim child(ren)’s place of residence or place of custody if:
a. The home conditions are the subject of the referral; or,
b. Information obtained in the interview process indicates assessment of the home environment is necessary due to safety issues or to determine findings.
4. The assessment shall determine the names and conditions of any children living in the same place as the alleged victim child(ren).
5. The assessment shall include consideration of race/ethnicity, religion, accepted work-related practices of agricultural communities, and accepted child-rearing practices of the culture in which the alleged victim child(ren) participates.
6. The assessment shall include a review of any current and/or prior involvement by any county department with any of the children in the home, the parents, the person alleged to be responsible for the abuse and/or neglect or any person residing in the home. This review shall:
a. Analyze each prior involvement for actions taken and services provided;
b. Determine whether there is a pattern of behavior in the family that is a threat to the safety of the child(ren) and take action to secure safety, if indicated, or seek more information to make a determination; and,
c. Include a review by the supervisor to ensure the review has occurred.
7. The assessment shall include making reasonable efforts to interview and advise the person(s) alleged to be responsible for the abuse and/or neglect of the referral and afford such person(s) an opportunity to respond to the allegations.
8. The assessment shall include use of the Colorado Safety Assessment tool as describe in Section 7.107.1.
9. The assessment shall include use of the Colorado Family Risk Assessment tool as described in Section 7.107.2.
10. The assessment shall include making reasonable efforts to prevent out-of-home placement, unless an emergency exists, and to maintain the family unit. Reasonable efforts include, but are not limited to:
a. Engaging family and extended family in safety planning as described in Section 7.107.16, if appropriate;
b. Providing in-home services, if appropriate and available;
c. Removing the person(s) alleged to be responsible for the abuse and/or neglect from the home rather than the child(ren), if possible;
d. Requesting the caregiver place the child and self in a safe environment; or,
e. Engaging family and extended family in securing a kinship placement.
7.104.11 Additional Requirements When Assessing Allegations of Sexual Abuse
A. When the assessment involves allegations of sexual abuse, the assessment shall include at a minimum in-state and out-of-state sex offender checks of the person(s) alleged to be responsible for the abuse and/or neglect. The sex offender check shall be conducted using the following:
1. County departments shall use Colorado Courts to check if a person alleged to be responsible for the abuse and/or neglect is a sex offender; or,
2. County departments shall use both the state and national websites to check if a person alleged to be responsible for the abuse and/or neglect is a sex offender; and/or,
3. County departments may check with law enforcement to check if a person alleged to be responsible for the abuse and/or neglect is a sex offender.
B. When conducting any website checks, county departments shall:
1. Use due diligence in following specific check criteria for each website; and,
2. Check for adult felony, misdemeanor, and/or juvenile adjudication records with a sexual offense.
C. County departments shall also:
1. Access or attempt to access government issued (tamper-resistive) photographic identification of the person alleged to be responsible for the abuse and/or neglect and document the full name(s), including nicknames and/or aliases, address(es) and date(s) of birth in the state automated case management system;
2. Access or attempt to access information from the person alleged to be responsible for the abuse and/or neglect on any possible involvement with law enforcement, probation, parole, corrections, community corrections, and/or child welfare services in Colorado, in any other state, and/or jurisdiction that may include federal, military, tribe, and/or country;
3. Immediately report any possible violations of sex offender registration to local law enforcement; and,
4. Report all law enforcement verified matches of sex offenders to the individual, supervising officer/agent or team responsible for community supervision and public safety.
7.104.12 Audio or Video Recording of the Interview or Observation
A. The interview or observation may be audio or video taped except when it is impracticable under the circumstances or will result in trauma to the child, as determined by the county department.
B. If audio or video recording is conducted, the following standards shall be followed:
1. The interview shall be conducted by a competent interviewer, and may occur at a child advocacy center, as defined in section 19-1-103(19.5), C.R.S., that has a Memorandum of Understanding with the county department responsible for the assessment or by a competent interviewer for the county department.
2. The child shall be advised that audio or video taping of the interview is to be conducted and the advisement shall be documented in the state automated case management system. If the child objects to videotaping of the assessment, such taping shall not be conducted by the county department.
3. If it is the county department's policy to routinely video or audio tape interviews, and an exception is made, the reason for the exception shall be documented in the state automated case management system.
4. If there is a request by any party to the action to view or listen to an audio or video tape, the child and/or the guardian ad litem shall be notified in advance of the request, when possible.
5. Access to these audio or video tapes shall be subject to the rules of discovery and governed by the confidentiality provisions under Section 7.605.
7.104.13 Conclusion of Assessment – Timing, Findings, Services
7.104.131 Timing
A. High Risk Assessments (HRA) or Traditional Response Assessment shall be completed within [thirty (30) SIXTY (60)] calendar days of the date the referral was received [unless an extension is requested and approved by the supervisor because circumstances have prevented the assessment from being completed.]
[1. Requests for an extension must be made prior to the 30th calendar day from the date the referral was received and shall state the primary reason(s) for the extension.]
[2. A supervisor shall review the request for an extension and, if approved, shall extend the assessment for no more than thirty (30) days. The decision to approve the extension shall be documented in the state automated case management system within seven (7) calendar days from the date of request. In any event, the assessment shall be reviewed by the supervisor and closed no later than sixty (60) days after the receipt of the referral.]
B. The initial assessment phase of a Family Assessment Response (FAR) shall be approved by the supervisor and closed within sixty (60) calendar days from the date the referral was received.
Once services are identified or the assessment has reached sixty (60) calendar days, the Family Assessment Response (FAR) is considered to be in the service phase, and a FAR service plan shall have been completed in collaboration with the family that identifies the agreed upon services, the steps to be accomplished in accessing services, by what party, and time frames for implementation.
7.104.132 Findings and Services
A. County departments shall enter a finding of founded, inconclusive or unfounded, as an outcome of all high risk or traditional assessments in the state automated case management system no later than [thirty (30) days after receipt of the referral, or] sixty (60) days after the receipt of the referral [if a supervisor approves an extension].
B. County departments may elect to defer entering a founded finding pursuant to Section 19-3-309.5, C.R.S. If the county department elects to defer entering a finding of founded abuse and/or neglect, the county shall enter into a pre-confirmation agreement known as a safety plan agreement, as authorized pursuant to Section 19-3-309.5, C.R.S, and follow the procedures described in Section 7.108.
C. A finding of “founded” may be made irrespective of whether a person alleged for the abuse and/or neglect was identified. In these circumstances, the person alleged for the abuse and/or neglect is labeled “unknown” in the state automated case management system.
D. In a Family Assessment Response (FAR), no finding shall be made.
E. Prior to closing an assessment, county departments shall refer all victim child(ren) under the age of five (5) to the appropriate state or local agency for developmental screening when the county department makes a finding of founded abuse and/or neglect.
F. County departments may refer any child under the age of five (5) to the appropriate state or local agency for developmental screening in a Family Assessment Response (FAR) or Traditional Response Assessment, if a parent consents and the child presents with needs that might benefit from a developmental screening as determined by the county department.
7.104.14 Documentation Required During Assessment
A. At the time of a new assessment, county departments shall document that a review related to prior involvement as set forth in Section 7.104.1, B, 6, has occurred. This shall be documented in the assessment closure section of the state automated case management system.
B. In assessments involving allegation of sexual abuse, the results of any website or sex offender registry check, and attempts to access other information as set forth in Section 7.104.11 shall be documented in the state automated case management system.
C. In assessments, the full name(s), including nicknames and/or aliases, address(es), and date(s) birth of the person(s) alleged to be responsible for the abuse and/or neglect shall be documented in the state automated case management system.
D. All interactions with the family, including efforts to engage the family and extended family, as part of the assessment shall be documented in the state automated case management system. Any specific evidence gathered, such as electronic media, photographs or videotapes shall be filed in the case record and referenced in the state automated case management system.
E. When an interview or observation of the alleged victim child(ren) is video or audio taped, the required advisement of the child shall be documented.
F. If it is the county department's policy to routinely video or audio tape interviews, and an exception is made, the reason for the exception shall be noted in the state automated case management system.
[G. The responses to the Colorado Safety Assessment Tool shall be documented in the state automated case management system and shall identify any safety concerns that are or were present during the assessment. Documentation is required within thirty (30) calendar days from the date the referral was received. THE RESPONSES TO THE COLORADO SAFETY ASSESSMENT TOOL SHALL BE DOCUMENTED IN THE STATE AUTOMATED CASE MANAGEMENT SYSTEM AND SHALL IDENTIFY ANY SAFETY CONCERNS THAT ARE OR WERE [OBSERVED] DURING THE ASSESSMENT. DOCUMENTATION IS REQUIRED AS SOON AS POSSIBLE AND NO LATER THAN FOURTEEN (14) CALENDAR DAYS FROM THE DATE THE ALLEGED VICTIM CHILD(REN) WAS INTERVIEWED OR OBSERVED.]
H. If a Family Assessment Response (FAR) is changed to a High Risk Assessment (HRA), the change shall be made in the state automated case management system and all information entered to date will be transferred.
I. Any reasonable efforts to prevent out-of-home placement shall be documented in the state automated case management system.
7.104.141 Documentation Required at Conclusion of Assessment
A. County departments shall document the completed assessment in the state automated case management system, including completion of the assessment closure summary template, and supervisors shall approve the closure of the assessment. The assessment closure shall include the following:
1. Brief summary of initial concerns and additional concerns uncovered during the assessment;
2. Worker reflection of the history of state and county department records, criminal, Colorado courts, sex offender registries and how the history relates to the current assessment;
3. The concerns identified, the actions that were taken, or protective factors that exist which mitigate the harm, danger or risk;
4. Efforts to engage the family and extended family;
5. For High Risk Assessments (HRA), or traditional response assessments, the facts that support the findings; and,
6. Family and/or agency plan, if applicable.
B. In a HRA or traditional response assessment, county departments shall enter the findings of abuse and/or neglect in the state automated case management system even if there is a criminal or civil proceeding pending against the person found responsible for the abuse and/or neglect arising out of the same incident. The reported data shall include the following:
1. The name, address, gender, date of birth, and race of the victim child(ren);
2. The composition of the victim child(ren)’s immediate family;
3. At a minimum, the name and last known mailing address of the person found to be responsible for the abuse and/or neglect, the date of birth, and Social Security Number, if known;
4. The type of abuse and/or neglect;
5. The severity level of the abuse and/or neglect;
6. Any previous incidents of abuse and/or neglect of the victim child(ren) or siblings;
7. The name(s) and address(es) of any person(s) previously found responsible for abuse and/or neglect, if known;
8. The name of the source of the referral submitted to the county department, if known;
9. The county department that conducted the assessment of the referral; and,
10. The date the referral was made and the date the county department made the finding of founded abuse and/or neglect.
7.104.15 Notice
A. Notice of the outcome of an assessment shall be made as described below. Unless otherwise described below or authorized by law, no other entity shall receive notification.
B. Regardless of the outcome of the assessment and as allowable by law, county departments shall notify:
1. The parent(s), guardian(s), custodian(s), or caregiver(s) of the alleged victim child(ren) of the outcome of the assessments. Non-custodial parent(s) shall also be notified of the outcomes of the assessments unless is not in the best interests of the child(ren);
2. The person alleged to be responsible for the abuse and/or neglect of the outcome of the assessment;
3. The specified mandatory reporting party, identified in Section 7.103.8, B, of the name of the child and the date of the referral; whether the referral was accepted for assessment; whether the referral was closed without services; whether the assessment resulted in services related to the safety of the child; the name of and contact information for the county caseworker responsible for the assessment; and the county procedure for requesting updated information within ninety (90) calendar days after the county department received the referral; and,
4. Where applicable, the local licensing unit, the director or administrator of the facility, the agency with licensing or certifying authority and the State Department Division of Child Welfare and Division of Early Care and Learning, if the abuse and/or neglect assessment involved a state-licensed or county-certified facility. The referral and assessment may be used for investigations and licensing action where the referral involves a licensed child care provider as defined in the Child Care Licensing Act, Section 26-6-101, C.R.S., et seq.
C. When the assessment results in a finding of founded abuse and/or neglect, county departments shall provide additional notice as described below:
1. County departments shall notify the local law enforcement agency and the District Attorney's Office of a founded report. [ANY COPIES OF CHILD ABUSE/NEGLECT REPORTS PROVIDED TO LAW ENFORCEMENT OR THE DISTRICT ATTORNEY’S OFFICE SHALL BE MARKED CONFIDENTIAL.]
2. County departments shall notify the person found responsible for child abuse and/or neglect of the finding by first-class mail to the responsible person's last known mailing address, using a form approved by the State Department. County departments shall retain a copy of the notice in the case file showing the date of mailing. The notice shall include the following information:
a. The type and severity level of the abuse and/or neglect, the date the referral was made to the county department, which county department completed the assessment, the date the county department made the finding in the state automated case management system, and information concerning persons or agencies that have access to the information.
b. The circumstances under which information contained in the state automated case management system will be provided to other individuals or agencies.
c. How to access the county’s dispute resolution process. County departments are authorized to offer a county dispute resolution process to persons alleged to be responsible for abuse and/or neglect.
d. The right of the person found to be responsible for abuse and/or neglects to request a state level appeal as set forth in Sections 7.111 through [7.113 7.112]. The county department shall provide the State Department approved appeal form to the person found to be responsible for abuse and/or neglect.
e. Notice that the scope of the appeal is limited to challenges that the finding(s) are not supported by a preponderance of the evidence or that the actions found to be abuse and/or neglect do not meet the legal definitions of abuse and/or neglect. The State Department will be responsible for defending the determination at the state level fair hearing.
f. A full explanation of all alternatives and deadlines contained in Sections 7.111 through [7.113 7.112].
7.104.2 INSTITUTIONAL ABUSE AND/OR NEGLECT - GROUNDS FOR ASSESSMENT
This section addresses assessments of referrals alleging institutional abuse and/or neglect as defined in Section 7.000.2 except that a referral of a minor injury resulting from physical restraint shall not, by itself, require a full assessment unless there are surrounding circumstances that would indicate abusive and/or neglectful behavior by the care provider. Such circumstances include those referrals in which someone is specifically alleging the behavior to be abusive and/or neglectful and there has been a pattern of frequent injuries by the same caregiver and/or staff or of similar incidents in the same facility.
7.104.21 Agency Responsible for Conducting Institutional Abuse and/or Neglect Assessment
A. The county department in which the facility named in the referral is located shall conduct the assessment. The assessment shall follow the institutional abuse and/or neglect protocol described in Section 7.104.22.
B. The assessment shall be conducted by a qualified and neutral party in those situations in which the county department is the supervisory agency, such as for certified county foster and group homes. Such an assessment shall be arranged for by the responsible county department with either another county department, another agency within the community who accepts delegated responsibility, or a disinterested and qualified staff person within the county department.
7.104.22 Institutional Abuse and/or Neglect Assessment – Timing and Requirements
A. The county department conducting the assessment shall assign priority in response time using the criteria set forth in Section 7.103.61.
B. The assessment shall include the following actions:
1. A face-to-face interview with the alleged victim child(ren)according to procedures for interviewing children described in Section 7.104.1 and the following:
a. The alleged victim child(ren) shall be interviewed in a setting which is as neutral as possible and where confidentiality can be maintained;
b. The alleged victim child(ren) shall not be taken off the grounds for the interview unless the county department has court ordered custody or law enforcement has taken the child into protective custody;
c. The person(s) alleged to be responsible for the abuse and/or neglect and other related parties (i.e., foster parents, spouse or other facility staff) shall not be allowed to be present during the interview with the alleged victim child(ren); and,
d. The county department shall, if necessary, obtain a court order to access the alleged victim child(ren) if the facility refuses access.
2. The assessment shall determine if there are other victim child(ren) not named in the referral and immediately assess the safety of those individuals.
3. The assessment shall obtain the names and addresses of any other alleged victim child(ren) who may no longer be in the facility and interview those individuals, if appropriate.
4. The assessment shall include interviews of witnesses, including children and staff who may have additional information.
5. The assessment shall include [an interview of the person(s) alleged to be responsible for the abuse and/or neglect MAKING REASONABLE EFFORTS TO INTERVIEW AND ADVISE THE PERSON(S) ALLEGED TO BE RESPONSIBLE FOR THE ABUSE AND/OR NEGLECT OF THE REFERRAL AND AFFORD SUCH PERSON(S) AN OPPORTUNITY TO RESPOND TO THE ALLEGATIONS.]
6. The assessment shall include obtaining a detailed description of the incident and of the injuries and an assessment of the appropriateness of physical management or restraint if this was involved.
7.104.23 Documentation – Report Required
A. A written report of the assessment documented in the state automated case management system shall be prepared by the county department that conducted the assessment within sixty (60) calendar days after receipt of the referral.
B. A report shall be provided as described below:
1. A written report shall be provided to the facility administrator/director.
2. A written report shall be provided to the agency with licensing/certifying authority.
3. The Institutional Abuse Review Team, Early Childhood and Learning Division, and the State Department’s Twenty-Four (24) Hour Monitoring Team, when the incident involves a twenty-four (24) hour care facility shall be provided a report through the state automated case management system.
4. The same custodial counties as required in Section 7.104.24 shall be provided a report through the state automated case management system.
C. The report shall include, at a minimum, the following information:
1. Name(s) of person(s) alleged to be responsible for the abuse and/or neglect;
2. The name(s), age(s), and duration of the alleged victim child(ren)’s placement in the facility being assessed;
3. The name of the facility and the county in which it is located;
4. The name of director/administrator of the facility;
5. The approximate number of children served by the facility;
6. The age range of children served by the facility and type of children served (e.g., child with developmental disabilities);
7. A summary of activities involved in the assessment, including a list of the individuals interviewed;
8. A summary of findings or conclusions, including the information on which the findings or conclusions are based; and,
9. A summary of the recommendations and/or need for an identified corrective or remedial action.
7.104.24 Notice
A. The following individuals shall receive notice:
1. The licensing authority or certifying unit shall be notified that a referral concerning abuse and/or neglect has been received within one (1) working day after receipt of the referral.
2. The licensing authority or certifying unit shall be notified if the assessment indicates there is an immediate threat to the child(ren)'s health, safety, or welfare within one (1) working day of such determination.
3. Custodial agencies, including county departments, other states, and appropriate divisions of the State Department shall be notified as follows:
a. Immediately, if there are safety issues or if an injury requires medical treatment; and,
b. Following completion of the assessment, if a child in their custody was the subject of a referral or if the assessment reveals concerns regarding the child care practices which could negatively impact the child(ren).
4. Parents or legal guardians of alleged child(ren) victim(s) shall be notified as follows:
a. By the custodial counties when alleged abuse and/or neglect occurs in out-of-home care setting;
b. By the assessing county when there is no custodial county;
c. By the assessing county when alleged abuse and/or neglect occurs in less than twenty-four (24) hour child care with notification provided prior to an interview with child(ren), when possible;
d. When an assessment is being or has been conducted on a referral of abuse and/or neglect; and shall include the nature of the alleged abuse and/or neglect and the findings of the assessment; and,
e. If circumstances do not allow for direct contact, then notification of the allegations of abuse and/or neglect and findings shall be provided in writing.
5. Parents or legal guardians of uninvolved children in less than twenty-four (24) hour licensed child care settings shall be given notice of an assessment within seventy-two (72) hours when it has been determined by the State Department or county department that:
a. The incident of alleged child abuse and/or neglect that prompted the assessment is at the level of a moderate, severe, or fatal incident of abuse and/or neglect, or involves sexual abuse;
b. Notice to the parents or legal guardians of the uninvolved children is essential to the assessment of the specific allegation of abuse and/or neglect or is necessary for the safety of children cared for at the facility; and
c. A determination has been made and a state or county department supervisor has provided written approval of the determination for which basis and approval may be in electronic form.
6. The director of the facility shall be:
a. Apprised of the allegation of abuse and/or neglect; and,
b. Advised regarding the results of the assessment and provided a verbal report immediately once a determination is made. If the county department is unable to make a determination regarding the person(s) alleged to be responsible for abuse and/or neglect, the director shall also be advised so that decisions regarding the continued employment of the employee can be made by the facility.
7.104.3 THIRD-PARTY ABUSE AND/OR NEGLECT – GROUNDS FOR ASSESSMENT
This section addresses assessments of referrals alleging abuse and/or neglect by a third-party, as defined in Section 7.000.2, who is not related to the alleged victim child(ren) in the contexts described in the previous sections addressing intrafamilial and institutional abuse and/or neglect.
7.104.31 Third-Party Abuse and/or Neglect Assessment – Timing and Requirements
A. When the referral alleges abuse and/or neglect by a third-party ten (10) years of age or older, the county department shall immediately forward the referral to the appropriate law enforcement agency for screening and investigation.
B. When the referral alleges the abuse and/or neglect by a child under ten (10) years of age, county departments shall be the agency responsible for the assessment. The assessment shall focus on:
1. Whether or not the incident occurred;
2. The entire situation including the actions or omissions of adults who are responsible for care of the children involved; and,
3. Any interventions that may be necessary to secure safety and address treatment needs.
C. If a county department reasonably believes that the protection and safety of a child is at risk due to an act or omission on the part of the persons responsible for the child’s care, the county department shall make a referral concerning intrafamilial abuse and/or neglect.
7.104.32 Documentation – Report from Law Enforcement
A. County departments shall attempt to obtain a copy of the report summarizing any investigation that was conducted by law enforcement. If the report is obtained, it shall be the basis upon which the county department enters a founded finding of abuse and/or neglect into the state automated case management system.
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7.106 ADDITIONAL CATEGORIES OF ASSESSMENTS
7.106.1 EGREGIOUS INCIDENTS OF ABUSE AND/OR NEGLECT, NEAR FATALITIES, OR CHILD FATALITIES
The requirements of this section address assessments of referrals of [AN INCIDENT OF SUSPECTED] abuse and/or neglect involving any of the following circumstances:
A. [Where Significant] violence, torture, use of cruel restraints, or other similar, aggravated circumstance [is present];
B. A child has died; or,
C. A physician has determined that a child is in serious, critical, or life-threatening condition as a result of sickness or injury [caused by suspected abuse and/or neglect].
7.106.11 Assessment Procedures – Timing and Requirements
A. County departments shall conduct a High Risk Assessment (HRA), or traditional response assessment of egregious incidents of abuse and/or neglect, a near fatality, or a child fatality in intrafamilial and institutional settings in those cases in which:
1. There is reason to know or suspect that abuse and/or neglect caused or contributed to the incident; or,
2. The cause of the incident is unknown or the information given is not consistent with the degree or type of injury and/or subsequent death.
B. County departments shall:
1. Coordinate with the following agencies to ensure prompt notification of an incident of egregious abuse and/or neglect, near fatality, or fatality of a child, which is suspicious for abuse and/or neglect:
a. Law enforcement;
b. District attorney’s office;
c. Coroner’s office; and,
d. Hospitals.
2. Coordinate the assessment with law enforcement. At a minimum in cases in which there are no surviving children, county departments shall provide law enforcement and the coroner with information related to any prior involvement with the child, the family, or the person alleged to be responsible for the abuse and/or neglect.
3. Assess the condition of any surviving child(ren) and take action necessary to ensure their protection by:
a. Visiting the child(ren)’s home or place of custody;
b. Interviewing and/or observing the child(ren);
c. Examining the child(ren) to include an assessment of the child(ren)’s overall current physical, mental, or emotional condition;
d. Assessing the safety of the home environment, to include an interview with the parents, guardians, and/or legal custodians; and,
e. Seeking an emergency protective order only when there are reasonable grounds to believe that a surviving or non-injured child(ren) is at risk of severe emotional or physical harm in his/her home environment.
7.106.121 Additional Actions When County Department has had Prior/Current Involvement
A. When a county department has custody of the child and/or protective supervision, it shall immediately take the following actions:
1. Notify the parents, guardians, and/or legal custodians of the incident. If the parents, guardians, and/or legal custodians reside in another county or state, the county department shall coordinate with the county department of residence for the parents, guardians, and/or legal custodians to provide personal notification, whenever possible.
2. Notify the director of the county department of the incident. The county director shall also be immediately notified if the department has had prior child welfare involvement within the last three (3) years that was directly related to the egregious incident of abuse and/or neglect, near fatality or fatality to include referrals that have been screened out. A complete copy of the child's case record shall be made available to the director of the county department.
3. Notify the court, the attorney for the county department, and the Guardian-Ad- Litem (when one has been assigned) of the incident involving any child who is under the court's jurisdiction.
B. Upon notification of an egregious incident of abuse and/or neglect, near fatality or fatality in which the county department has had prior child welfare involvement within the last three (3) years with the child, family, or person alleged to be responsible for abuse and/or neglect, the director of the county department shall take the following actions:
1. Designate an individual(s) who will be responsible for assessing the egregious incident of abuse and/or neglect, near fatality or fatality. The assigned individual(s) shall not have had prior involvement with the family during a referral, assessment, case or other services with the county department. In the event of a conflict of interest, the county department shall arrange for the assessment to be conducted by another county department with personnel having appropriate training and skill.
2. Ensure that the county department conducts a complete internal administrative review of any child welfare involvement in the case prior to the egregious incident of abuse and/or neglect, near fatality or fatality. This review shall be referred to as the county department’s internal review and shall be completed whenever the county department has had current or prior involvement with the child, family or person alleged to be responsible for the abuse and/or neglect, within the last three (3) years. The review shall include, at a minimum:
a. Assessment of the interventions made by the county department.
b. Evaluation of the case plan.
c. Identified areas of strengths and/or weaknesses in the casework process.
d. Analysis of any systemic issues that may have led to delays or oversights.
e. Evaluation of the role played by other community agencies and the overall case coordination.
f. Recommendations for staff training or changes in the system that would avoid other similar occurrences.
3. Submit a written report of the county department’s internal review within sixty (60) calendar days of the initial notification of the egregious incident of abuse and/or neglect, near fatality or fatality to the State Department.
C. If another county department also has current and/or prior involvement with the child, family or person alleged to be responsible for the abuse and/or neglect within the three (3) year period of the incident of egregious abuse and/or neglect, near fatality or fatality (including referrals that were screened out), the State Department shall decide whether a county department internal review report will be required.
7.106.13 Reporting to the State
A. Within twenty-four (24) hours (excluding weekends and holidays) of a county department becoming aware of an egregious incident of abuse and/or neglect, or near fatality or fatality of any child, which is suspicious for abuse and/or neglect, the county department shall call or email the following known information to the State Department which shall also be documented on the state prescribed form:
1. Name and age of victim;
2. The referral identification number generated by the state automated case management system;
3. Known circumstances around the egregious incident of abuse and/or neglect, near fatality or fatality;
4. A description of physical injuries or medical condition of the child(ren) at the time of receipt of the information;
5. The names and ages of surviving or non-injured child(ren) who may be at risk;
6. A brief description of family/caregiver’s prior involvement with child welfare, if any;
7. The actions taken by the county department to date and future actions to be taken;
8. The involvement of other professionals in the case;
9. Whether the child was in out-of-home placement at the time of the incident; and,
10. For fatal incidents, the county shall enter the child’s date of death in the state automated case management system.
B. Upon notification of an egregious incident of abuse and/or neglect, near fatality or fatality, the county department shall take the required steps to restrict access to the state automated case management system to the current assessment of the egregious incident of abuse and/or neglect, near fatality or fatality, and any prior involvement in the state automated case management system regarding this child, the child’s family members, and the person(s) suspected of the abuse and/or neglect. Access shall remain restricted until the conclusion of the state child fatality review, at such time the county department shall determine whether the records shall be unrestricted.
C. The county department shall provide the following information to the State Department within sixty (60) calendar days of the initial notification of the egregious incident of abuse and/or neglect, near fatality or fatality, to the extent possible, and no longer than sixty (60) calendar days without a written request from the county department for an extension and subsequent State Department approval granting an extension:
1. The completed referral/assessment summary in the state automated case management system;
2. Copies of any pertinent social, medical, and mental health evaluations of all involved subjects (child(ren), family, caregivers, etc.);
3. Coroner's records, including autopsy report;
4. Police reports of present investigation as well as any prior criminal history of all subjects;
5. A copy of any of the case record not obtainable in the state automated case management system;
6. [WHEN APPLICABLE,] a written report of the county department internal review;
7. A statement of any human services and Medicaid assistance or services that were being provided to the child and are recorded in the state automated case management system, the Colorado benefits management system, or the Colorado child care automated tracking system, any member of the child’s family, or the person alleged to be responsible for the abuse and/or neglect; and,
8. The age, income level, and education of the legal caregiver at the time of the fatality.
7.106.14 State Review of an Incident of Egregious Abuse or Neglect, Near Fatality or Fatality of a Child
When a county department becomes aware that an incident of egregious abuse and/or neglect, near fatality or fatality of a child has occurred, which is suspicious for a child abuse and/or neglect, the county department shall submit reports for review by the State Department in accordance with Section 7.106 of this rule, and cooperate with the State Department’s review. The State Department shall conduct a multidisciplinary review of such cases, where the county was involved in the three years prior to the incident of egregious abuse and/or neglect, near fatality, or fatality. The State Department Child Fatality Review shall occur within thirty (30) days of the State Department receiving all required and relevant reports and information critical to an effective fatality review. [THESE REVIEWS SHALL INCLUDE:]
[A. THE CIRCUMSTANCES AROUND THE INCIDENT OF EGREGIOUS ABUSE OR NEGLECT AGAINST A CHILD, NEAR FATALITY, OR CHILD FATALITY;
B. THE SERVICES PROVIDED TO THE CHILD, THE CHILD'S FAMILY, AND THE PERPETRATOR BY THE COUNTY DEPARTMENT FOR ANY COUNTY WITH WHICH THE FAMILY HAS HAD PREVIOUS INVOLVEMENT, AS DEFINED IN PARAGRAPH (C) OF SUBSECTION (2) OF THIS SECTION, WITHIN THREE YEARS PRIOR TO THE INCIDENT OF EGREGIOUS ABUSE OR NEGLECT AGAINST A CHILD, NEAR FATALITY, OR FATALITY OF A CHILD DUE TO ABUSE OR NEGLECT;
C. THE COUNTY DEPARTMENT'S COMPLIANCE WITH STATUTES, REGULATIONS, AND RELEVANT POLICIES AND PROCEDURES THAT ARE DIRECTLY RELATED TO THE INCIDENT OF EGREGIOUS ABUSE OR NEGLECT AGAINST A CHILD, NEAR FATALITY, OR FATALITY;
D. IDENTIFICATION OF STRENGTHS AND BEST PRACTICES OF SERVICE DELIVERY TO THE CHILD AND THE CHILD'S FAMILY;
E. CONSIDERATION OF FACTORS THAT MAY HAVE CONTRIBUTED TO CONDITIONS LEADING TO THE INCIDENT OF EGREGIOUS ABUSE OR NEGLECT AGAINST A CHILD, NEAR FATALITY, OR FATALITY, INCLUDING, BUT NOT LIMITED TO, LACK OF OR UNSAFE HOUSING, FAMILY AND SOCIAL SUPPORTS, EDUCATIONAL LIFE, PHYSICAL HEALTH, EMOTIONAL AND PSYCHOLOGICAL HEALTH, AND OTHER SAFETY, CRISIS, AND CULTURAL OR ETHNIC ISSUES;
F. THE SUPPORTS AND SERVICES PROVIDED TO SIBLINGS, FAMILY MEMBERS, AND AGENCY STAFF AFTER THE INCIDENT OF EGREGIOUS ABUSE OR NEGLECT AGAINST A CHILD, NEAR FATALITY, OR FATALITY; AND,
G. THE QUALITY AND SUFFICIENCY OF COORDINATION BETWEEN STATE AND LOCAL AGENCIES.]
[7.106.15 CASE SPECIFIC REVIEW REPORT]
[THE DEPARTMENT WILL AUTHOR CONFIDENTIAL AND NON-CONFIDENTIAL CASE SPECIFIC REVIEW REPORTS IN ACCORDANCE WITH SECTION 26-1-139, C.R.S. AS PART OF THIS PROCESS, THE DEPARTMENT SHALL REQUEST A RESPONSE TO THE CASE SPECIFIC REVIEW REPORT FROM ANY COUNTY HAVING PREVIOUS INVOLVEMENT WITH THE FAMILY AS DEFINED IN SECTION 26-1-139(2)(C), C.R.S., AND INCLUDE THE RESPONSE(S) IN THE FINAL CONFIDENTIAL AND NON-CONFIDENTIAL REPORT.]
[7.106.16 CHILD FATALITY REVIEW TEAM ANNUAL REPORT]
[BY JULY 1 OF EACH YEAR, THE DEPARTMENT WILL AUTHOR AN ANNUAL CHILD FATALITY REVIEW TEAM REPORT. IT SHALL CONTAIN THE FOLLOWING INFORMATION:]
[A. POLICY RECOMMENDATIONS BASED ON THE COLLECTION OF REVIEWS REQUIRED BY SECTION 26-1-139(5)(A), C.R.S.
B. STATUS OF RECOMMENDATIONS MADE IN PRIOR CASE SPECIFIC, EXECUTIVE SUMMARY REPORTS. THIS SHALL INCLUDE ALL RECOMMENDATIONS FROM PUBLICLY POSTED REPORTS FROM THE MOST RECENT, COMPLETE CALENDAR YEAR AND ALL RECOMMENDATIONS FROM PRIOR YEARS THAT WERE NOT COMPLETED AT THE TIME OF THE LAST ANNUAL REPORT.
C. AGGREGATE DEMOGRAPHIC DATA. THIS MAY INCLUDE, BUT NOT BE LIMITED TO, DATA SUCH AS AGE OF CHILDREN AT THE TIME OF THE INCIDENT, RACE/ETHNICITY OF THE CHILDREN, RELATIONSHIP OF THE PERPETRATOR TO THE CHILD, AND OTHER FACTORS DETERMINED TO BE OF IMPORTANCE.
D. A SUMMARY OF REVIEW FINDINGS FROM REPORTS COMPLETED ON INCIDENTS FROM THE MOST RECENT COMPLETE CALENDAR YEAR.
E. JOINT RECOMMENDATIONS MADE WITH THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT'S CHILD FATALITY PREVENTION SYSTEM AS REQUIRED BY SECTION 25-20.5-407 (1)(I), C.R.S.]
7.106.2 MEDICAL NEGLECT OF INFANTS AND TODDLERS WITH DISABILITIES – GROUNDS FOR ASSESSMENT
The requirements of this section address assessments of referrals of medical neglect involving:
A. Infants less than one (1) year of age who were born with a life-threatening condition and who may have additional non-lethal physical or mental disabilities; or,
B. Toddlers under three (3) years of age who have been continuously hospitalized since birth, who were born extremely premature, or who have a long-term disability.
7.106.21 Agency Responsible for Conducting the Assessment
A. The county department responsible for conducting the assessment of a referral of medical neglect shall be the county in which the caregivers of the hospitalized infant reside.
B. If the caregivers’ residence cannot be determined, the county department in which the hospital is located shall be responsible for conducting the assessment.
7.106.22 Assessment Procedures – Timing and Requirements
County departments shall:
A. Work with medical organizations, hospitals, and health care facilities to implement procedures that ensure a timely response and resolution of referrals of medical neglect;
B. Obtain all relevant medical data concerning the child. County departments shall seek a court order to obtain records if the request for such material is refused;
C. Coordinate with any existing hospital review committees, which may have evaluated and recommended treatment in the case under assessment;
D. If, after assessing the medical neglect referral, there are indications that the referral of medical neglect may be founded, the county department shall interview the parent(s); and,
E. Refer the matter to the local law enforcement agency in cases in which the infant has died before the assessment is completed and the county department has reason to suspect [that medically indicated treatment was withheld WITHHOLDING OF MEDICALLY INDICATED TREATMENT]. The matter shall be referred to the law enforcement agency in the location where the child died. However, if it is determined that treatment was not medically indicated, or that medically-indicated treatment had not been withheld, then the report shall be deemed unfounded.
7.106.23 Medical Decisions Regarding Infants and Toddlers
A. County department staff shall make no medical decisions regarding infants and toddlers and shall seek an independent medical consultation when indicated.
B. If the parent(s) wish to seek a second medical opinion, the county department shall provide referral assistance.
C. If the county department finds that an independent medical evaluation is necessary to determine the infant or toddler's medical prognosis, the county department shall recommend to the parent(s) that an independent medical evaluation be done.
D. If the county department determines that medically-indicated treatment or palliative care is being or will be withheld; and:
1. The infant or toddler's condition requires an urgent response, or,
2. Efforts by the county department or hospital personnel to obtain parental consent to treatment would be futile or already have failed, then the matter shall be brought to court under a petition. The petition may include a request to place temporary custody of the child with the county department to ensure proper medical treatment is provided. The county department shall immediately secure a court order if indicated.
7.106.3 ASSESSMENT OF MEDICAL NEGLECT IN WHICH RELIGIOUS CONSIDERATIONS ARE INVOLVED - GROUNDS FOR ASSESSMENT
County departments shall assess cases of medical neglect including those cases in which there is a failure to provide medical treatment based upon the parent's, guardian's, or custodian's religious beliefs and there is concern that such failure will result in a threat to child’s health and welfare.
7.106.31 Assessment Procedures – Timing and Requirements
The assessment shall be conducted as described below:
A. The county department shall obtain a medical evaluation if the child’s condition presents substantial concern for the child’s health and welfare. This evaluation shall be obtained with the consent of the parents, guardians, or legal custodians. If such consent is refused, the county department shall seek a court order to obtain medical evaluation;
B. The county department shall consult with medical practitioners and consider whether the child’s condition is life-threatening or will result in serious disability without professional medical care; and,
C. If the child's condition is determined to be life-threatening or could result in serious physical impairment or serious disability without professional medical care, the county department shall seek a court order authorizing the provision of the necessary medical care in the event that such care is refused by the parent, guardian, or legal custodian. The county department may, but is not required to, seek temporary custody of the child in order to obtain judicial authorization for treatment.
7.106.32 Spiritual Healing Considerations
If spiritual healing is involved, the county department shall follow the guidelines defined in Section 19-3-103 (2)(a), (b), C.R.S., to decide whether the method is a "recognized" method of religious healing and whether such healing is considered to be medically effective for the child's condition.
7.106.33 Impact of Parental Interference on Findings
A. If a parent, guardian, legal custodian, or caregiver inhibits or interferes with the provision of medical evaluation or treatment according to a court order, that act would constitute neglect and in such circumstances a referral shall be made to law enforcement and the county department may file a dependency and neglect petition.
B. For purposes of entering founded findings of abuse and/or neglect into the state automated case management system, reporting to police for criminal investigation, and filing of dependency and neglect petitions, no child who is under treatment by a recognized method of religious healing shall, for that reason alone, be considered to have been neglected and dependent unless the child's parent, legal guardian, custodian, or caregiver inhibits or interferes with the provision of medical services according to court-ordered medical evaluation or treatment.
7.107 INSTRUMENTS, TOOLS, AND INTERVIEW PROCEDURES
The following instruments, tools, and procedures are intended to assist county departments in making informed and reliable decisions.
7.107.1 COLORADO SAFETY ASSESSMENT TOOL
There shall be a transition period for completion of training and access to the new Colorado Safety Assessment Tool in the state automated case management system. All county child welfare case carrying staff and supervisors performing High Risk Assessments (HRA) or Traditional Response Assessment shall be trained and have access to the new tool by June 30, 2015. All other child welfare case carrying staff and supervisors shall be trained and have access to the new tool by December 31, 2015.
7.107.11 Parameters for Use of the Colorado Safety Assessment Tool
[A. Completion of the Colorado Safety Assessment Tool is required. THE COLORADO FAMILY SAFETY ASSESSMENT SHALL BE COMPLETED:]
[A 1. To be completed with the caretaker AT THE TIME OF INITIAL RESPONSE WITH THE FAMILY;]
[B. IF THE FAMILY IS NOT AVAILABLE AT THE TIME OF INITIAL RESPONSE, THE COLORADO FAMILY SAFETY ASSESSMENT SHALL BE COMPLETED BASED ON THE INFORMATION AVAILABLE AND BASED ON THE INTERVIEW OR OBSERVATION OF THE ALLEGED VICTIM CHILD(REN). AS SOON AS THE FAMILY IS AVAILABLE, AN ADDITIONAL COLORADO FAMILY SAFETY ASSESSMENT SHALL BE COMPLETED WITH THE FAMILY;]
[C 2.] As part of an assessment, including assessments of new allegations of abuse and/or neglect in open child welfare services cases;
[D 3.] Prior to end-dating a safety plan to determine whether or not the safety concerns still exist, if the safety plan is controlling for safety, and/or if the family is in need of additional services;
[E 4 .] Whenever there is a significant change in family circumstances or situations that might pose a new or renewed threat to child safety;
[F 5.] Prior to reunification;
[G 6.] Prior to supervisory approval for closing services; and
[H 7.] In all Program Area 5 referrals being assessed, except:
[1 a .] Institutional abuse assessments, as described in section 7.104.22;
[2 b .] Fatality assessments when there are no surviving siblings; or,
[3 c .] When caregivers have abandoned the child.
7.107.12 Safety Threshold
A. The following criteria must be present to determine that a present or impending danger exists. Meeting these criteria indicates that the family’s behavior, condition or situation threatens the safety of a child:
A. The threat to child safety is specific and observable;
B. Conditions reasonably could result in moderate to severe harm to a child;
C. This harm is likely to occur if not resolved;
D. A child is vulnerable to the threat of harm due to his/her age, verbal abilities, diagnosed medical conditions, diagnosed mental health conditions, diagnosed developmental delays, diagnosed developmental disabilities, limited physical capacities, and/or professional observation; [AND,]
E. The caregiver(s) is unable or unwilling to control conditions and behaviors that threaten child safety.
7.107.13 Standardized Safety Concerns
A. The county departments shall assess for child safety using the ten (10) standardized current or impending dangers. The ten standardized current or impending dangers are as follows:
1. Caregiver(s) substance use impacts ability to supervise, protect, and/or care for the child/youth.
2. Caregiver(s) is unwilling or unable to meet the child/youth’s immediate needs for food, clothing, and shelter.
3. Caregiver(s) is unwilling or unable to meet the child/youth’s significant medical or mental health care needs.
4. Caregiver(s) is unwilling or unable to take protective action in response to child/youth’s inflicted or credible threat of moderate to severe harm to self.
5. Intimate partner violence exists in the home and places child in danger of physical and/or emotional harm.
6. The living situation is physically hazardous and/or immediately threatening to the child/youth’s health or safety based on the child’s age or development.
7. Caregiver(s) does not provide supervision necessary to protect the child/youth, based on the child/youth’s age or development.
8. Moderate to severe physical injury caused by the caregiver(s) or adult household member.
9. Child/youth is in present danger of harm due to suspected or confirmed sexual abuse.
10. The caregiver(s) refuses access to the child or there is reason to believe the family will flee based on current concerns.
B. The list of current or impending danger definitions shall be referenced when assessing threats to child safety and prior to checking current or impending dangers in the Colorado Safety Assessment Tool.
7.107.14 Safety Assessment Conclusion
A. If none of the ten (10) [current PRESENT] or impending dangers [REFERENCED IN SECTION 7.107.13] are identified at the conclusion of the safety assessment process, then it is reasonable to conclude that the child is safe and no further safety intervention is required.
B. If assessment of the child and family determines that the child is safe and emergency out-of-home placement occurred prior to the completion of the safety assessment, efforts should be made to return responsibility for the child’s safety back to the caregiver(s).
C. If assessment of the child and family determines that the child is unsafe, analysis and planning are necessary.
D. The caregiver strengths and protective capacity shall be assessed using the following criteria to determine whether a caregiver has the capacity and willingness to assure the child’s protection and, if so, no further safety intervention is necessary:
1. Caregiver(s) has realistic expectation of the child/youth;
2. Caregiver(s) provides for child/youth’s basic needs;
3. There is evidence of a supportive relationship between caregiver and child/youth;
4. Caregiver(s) has demonstrated effective problem solving;
5. Caregiver(s)’ explanation is consistent with child/youth’s injury or circumstances;
6. Caregiver(s) has supportive relationships with three (3) or more persons;
7. Caregiver(s) has demonstrated use of identified supportive relationships in providing safety and protection for the child/youth;
8. Child/youth has the cognitive, physical, and emotional capacity to actively participate in safety interventions;
9. Caregiver(s) is able and willing to actively participate in creating and carrying out a plan to protect the child/youth;
10. Caregiver(s) is able and willing to use resources necessary to create safety;
11. Caregiver(s) has exhibited the ability to put the child/youth’s safety ahead of his/her own needs and wants;
12. Relevant community services or resources are immediately available;
13. Other documented strengths and protective capacities; [AND,]
14. Other.
7.107.15 Safety Intervention Analysis
To determine whether an in-home safety plan can sufficiently manage the current or impending dangers, document how the following are met in the state automated case management system:
A. The home environment is stable enough to support an in-home safety plan;
B. Caregivers and support persons are able, willing, and available to assist in the development and implementation of an in-home safety plan and adult(s) other than the alleged person responsible for the danger to the child/youth are responsible for the implementation of the plan; and,
C. Resources are accessible at the level necessary to control all identified danger to the child/youth.
7.107.16 Safety Planning
A. A safety plan shall be developed for all children in current or impending danger if an in-home safety plan can reasonably be expected to control for all identified dangers. All children in the household assessed to be in current or impending danger shall be included in one plan.
B. Safety plans shall include the following:
1. Safety responses that are the least restrictive to ensure safety;
2. Safety responses that have an immediate impact on controlling for identified current or impending dangers;
3. Description of actions to be taken that address each specific current or impending danger, including frequency of each action and who is responsible for each action;
4. Safety response(s) that are readily accessible at the level required to ensure safety;
5. Identification of each family member and safety management provider participating in the plan;
6. Parental acknowledgement of current or impending dangers and a willingness to participate in the safety plan; and
7. Caseworker activities to oversee the safety plan.
C. Parents, caregivers, and others who are a part of a safety plan shall sign the safety plan and receive a copy and the signatures and paper form shall be retained in the file.
D. Safety plans do not have to be developed if the safety analysis results in a decision that out-of home placement is the only plan that is sufficient to control for all identified current or impending dangers.
7.107.17 Documentation
A. The responses to the Colorado Safety Assessment Tool shall be documented in the state automated case management system and shall identify any safety concerns that are or were present during the assessment. Documentation is required as soon as possible and no later than (14) calendar days from the date the alleged victim child(ren) was interviewed or observed.
B. Safety plans shall be documented in the state automated case management system within fourteen (14) calendar days from the date the alleged victim child(ren) was interviewed or observed.
7.107.2 COLORADO FAMILY RISK ASSESSMENT TOOL
There shall be a transition period for completion of training and access to the new Colorado Family Risk Assessment Tool in the state automated case management system. All county child welfare case carrying staff and supervisors performing High Risk Assessments (HRA) or Traditional Response Assessment shall be trained and have access to the new tool by June 30, 2015. All other child welfare case carrying staff and supervisors shall be trained and have access to the new tool by December 31, 2015.
7.107.21 Parameters for Use of the Colorado Family Risk Assessment Tool
A. The Colorado Risk Assessment Tool [is required SHALL BE COMPLETED]:
1. [To be completed with the caregiver WITH THE FAMILY];
2. As part of any Program Area 5 assessment, except:
a. Institutional assessment;
b. Fatality assessment when there are no surviving siblings; [OR,]
c. When caregivers have abandoned the child. [; and,]
[d. When the assessment determined no basis for the allegations.]
3. Whenever there is a significant change in family circumstances or situations that might pose a new or renewed threat to child safety;
4. Prior to reunification; and,
5. Prior to supervisory approval for closing services.
B. The Colorado Risk Assessment Tool shall be used to:
1. Determine risk for future abuse and/or neglect;
2. Aid in determining if services should be provided; and
3. Aid in determining the appropriate level of services.
7.107.22 Procedures for Completing the Colorado Family Risk Assessment Tool
The Colorado Risk Assessment Tool shall be completed with the family, and shall address the following factors:
A. Current type of allegation;
B. Previous child welfare assessments, services, and placement;
C. Number of children in household;
D. Age of youngest child in household;
E. Age of primary caregiver;
F. Primary caregiver’s provision of physical care or supervision;
G. Caregiver(s)’ use of alcohol and controlled substances;
H. Characteristics of children in the household, including mental health, behavioral problems, and physical or developmental disabilities;
I. Recent or historical domestic violence in the household;
J. Caregiver(s)’ history of homelessness;
K. Caregiver(s)’ history of mental health treatment;
L. Primary caregiver’s history of abuse, neglect and/or placement in protective services; and
M. Caregiver(s)’ involvement in disruptive or volatile adult relationships.
7.107.23 Risk Analysis
If the risk assessment score is high, the county shall hold a family engagement meeting to discuss next steps with the family.
7.107.24 Timing and Documentation
A. The completed Colorado Family Risk Assessment shall be documented in the state automated case management system within thirty (30) calendar days from the date the referral was received.
B. Family Engagement Meetings shall be documented in the framework in the state automated case management system.
C. If the county department decides to close the assessment with a high risk score, the county department shall document the reasons for closure.
7.107.3 YOUTH SAFETY ASSESSMENT TOOL (Reserved for Future Use)
7.108 DEFERRAL PROCESS – WHEN PERMITTED
A. County departments may follow the deferral process in the following circumstances:
1. When the person has had no previous allegations of abuse and/or neglect assessed;
2. When the abuse and/or neglect that the person is found to be responsible for is at the level of minor incident of abuse and/or neglect, pursuant to Section 7.000.2;
3. When the person found to be responsible for the abuse and/or neglect and the county department decide on a mutually agreeable method for resolving the issues related to the referral; and,
4. When the requirements set forth in the agreement for resolving the issues related to the referral of abuse and/or neglect can be completed within sixty (60) calendar(?) days after the receipt of the referral.
B. County departments are not obligated to enter into any agreements to defer entering a finding of founded abuse and/or neglect into the state automated case management system.
C. The agreement shall be in writing and signed by the caseworker and the person found to be responsible for the abuse and/or neglect, and reviewed by the supervisor.
D. Upon deciding to enter into the deferral process, the county department shall document the decision in the state automated case management system.
7.108.1 DEFERRAL PROCESS COMPLETED
If the person who is found to be responsible for the abuse and/or neglect completes the agreement, as determined by the county department, the county department shall make an individual finding of "deferred" with an overall finding of founded into the state automated case management system regarding the referral of abuse and/or neglect related to the assessed incident.
7.108.2 DEFERRAL PROCESS NOT COMPLETED
If the person who is found to be responsible for the abuse and/or neglect does not complete the agreement, as determined by the county department, the county department shall make an entry for the individual and overall finding of "founded" into the state automated case management system regarding abuse and/or neglect related to the assessed incident.
7.109 ENTERING FOUNDED FINDINGS REPORTS OF CHILD ABUSE OR NEGLECT
In a High Risk Assessment or non-dual track counties, the county department shall enter the founded finding even if there is a criminal or civil proceeding pending against the person responsible arising out of the same incident. The reported data shall include the following:
A. The name, address, gender, date of birth, and race of the child(ren) victim(s);
B. The composition of the victim’s immediate family;
C. At a minimum, the name and last known mailing address of the person found to be responsible for the child abuse or neglect, and the date of birth and Social Security Number, if known;
D. The type of abuse or neglect;
E. The severity of the abuse or neglect;
F. Any previous incidents of child abuse or neglect of child or siblings;
G. The name(s) and address(es) of any person(s) responsible for previously founded abuse or neglect, if known;
H. The name of the source of the referral submitted to the county department, if known;
I. The county department that investigated the referral; and,
J. The date the suspected abuse or neglect referral was made to the county department and the date the county department made a founded finding of the abuse or neglect.
[7.110 NOTICE TO LAW ENFORCEMENT AND DISTRICT ATTORNEY]
[The county department shall notify the local law enforcement agency and the District Attorney's Office of the founded report. No other entity shall receive notification unless otherwise authorized by law.]
[7.110 7.111] NOTICE TO THE PERSON FOUND TO BE RESPONSIBLE FOR CHILD ABUSE OR NEGLECT
A. The county department shall notify the person found responsible for child abuse or neglect of the finding by first-class mail to the responsible person's last known mailing address, using a form approved by the State Department. The county department shall retain a copy of the notice in the case file showing the date of mailing.
B. At a minimum, the notice shall include the following information:
1. The type and severity level of the abuse or neglect, the date the referral was made to the county department, which county department completed the assessment, the date the county made the finding in the state automated case management system, and information concerning persons or agencies that have access to the information.
2. The circumstances under which information contained in the state automated case management system will be provided to other individuals or agencies.
3. How to access the county’s dispute resolution process. Counties are authorized to offer a county dispute resolution process to persons alleged to be responsible for an incident of child abuse or neglect.
4. The right of the person found responsible to request a state level appeal as set forth in Section [7.112 7.111]. The county shall provide the State Department approved appeal form to the person.
5. Notice that the scope of the appeal is limited to challenges that the finding(s) are not supported by a preponderance of the evidence or that the actions found to be child abuse or neglect do not meet the legal definitions of child abuse or neglect. The State Department will be responsible for defending the determination at the State level fair hearing.
6. A full explanation of all alternatives and deadlines contained in Sections 7.111 through [7.113 7.112].
[7.111 7.112] STATE LEVEL APPEAL PROCESS
A. Persons found responsible for an incident of child abuse or neglect by the county department shall have the right to a state level appeal to contest the finding. The request for appeal of the decision shall first be submitted to the State Department unit designated to handle such appeals. If the State Department and the Appellant are unable or unwilling to resolve the appeal in accordance with the provisions set forth below in this section, the State Department shall forward the appeal to the Office of Administrative Courts (OAC) to proceed to a fair hearing before an Administrative Law Judge (ALJ).
B. The grounds for appeal shall consist of the following:
1. The findings are not supported by a preponderance of credible evidence; or,
2. The actions ultimately found to be abusive or neglectful do not meet the statutory or regulatory definitions of child abuse or neglect.
C. The person found to be responsible for child abuse or neglect shall have ninety (90) calendar days from the date of the notice of founded finding to appeal the finding in writing to the State Department. The written appeal shall be submitted on the State approved form provided by the county and shall include:
1. The contact information for the Appellant;
2. A statement detailing the basis for the appeal; and,
3. The county department notice of finding of responsibility for child abuse or neglect.
D. The state level appeal process must be initiated by the person responsible for child abuse or neglect or his/her legal representative. The Appellant need not hire an attorney to appeal the county determination. If the individual is a minor child, the appeal may be initiated by his/her parents, legal custodian, or legal representative.
E. The appeal must be submitted to the State Department within ninety (90) calendar days of the date of the notice of founded finding. If the appeal is filed more than ninety (90) calendar days from the date of the notice of founded finding, the Appellant must show good cause for not appealing within the prescribed period as set forth in Section [7.202.3, E 7.000.2, A]. Failure to request State review within this ninety-day (90) period without good cause shall be grounds for the State Department to not accept the appeal.
F. The founded finding shall be utilized for safety and risk assessment, employment, and background screening by the State Department while the administrative appeal process is pending.
G. The Appellant shall have the right to appeal even if a dependency and neglect action or a criminal prosecution for child abuse is pending arising out of the same report. The State Department shall hold in abeyance the administrative process pending the outcome of the dependency and neglect or criminal action if requested by the Appellant or if the State Department determines that awaiting the outcome of the court case is in the best interest of the parties. If the Appellant objects to the continuance, the continuance shall not exceed one hundred eighty (180) days without the Appellant having the opportunity to seek review of the extended continuance by an Administrative Law Judge. The pendency of other court proceeding(s) shall be considered to be good cause to continue the appeal past the one hundred eighty (180) day timeframe.
H. The following circumstances shall be considered to be admissions to the factual basis of the finding of responsibility for child abuse or neglect entered into the state automated case management system and shall be considered to be conclusive evidence of the person’s responsibility for child abuse or neglect to support a motion for summary judgment submitted to the Office of Administrative Courts:
1. When a Dependency and Neglect Petition has been adjudicated against or a deferred adjudication entered against the Appellant on the basis of Sections 19-3-103 or 19-3-102 (1)(a), (b), or (c), C.R.S., arising out of the same factual basis as the founded finding in the state automated case management system;
2. The Appellant has been found guilty of child abuse, or has pled guilty or nolo contendere to child abuse as part of any plea agreement including, but not limited to, a deferred judgment agreement, arising out of the same factual basis as the founded finding in the state automated case management system; or,
3. The Appellant has been found guilty or has pled guilty or nolo contendere to a domestic violence related or alcohol traffic related offense arising out of the same factual basis as the founded report in the state automated case management system.
I. When an Appellant requests an appeal, the State Department shall request the records relied upon in making the finding from the county department responsible for entering the finding, which has been appealed. The county department shall submit the record to the State Department as soon as practicable within the time frame requested by the Department.
J. After the Appellant requests an appeal, the State Department shall inform the Appellant regarding the details of the appeal process, including timeframes and contact information.
1. The Appellant, as the party in interest, shall have access to the county record in order to proceed with the appeal. Appellant’s use of the county file for any other purpose is prohibited unless otherwise authorized by law.
2. Prior to providing access to the Appellant, the State Department shall redact identifying information contained in the county file to comply with state and federal law regarding the confidentiality of child abuse or neglect records or other protected information including, but not limited to, reporting party name(s) and addresses, Social Security Number, foster parent identifying information, and information pertaining to other parties in the case that the appellant does not have a legal right to access.
K. The State Department is authorized to enter into settlement negotiations with the Appellant as part of the litigation process. The State Department is authorized to enter into settlement agreements that modify, overturn or expunge the reports as reflected in the state portion of the state automated case management system. The State Department is not authorized to make any changes in the county portion of the state automated case management system. In exercising its discretion, the State Department shall take into consideration the best interests of children, the weight of the evidence, the severity of the abuse or neglect, any pattern of abuse or neglect reflected in the record, the results of any local court processes, the rehabilitation of the Appellant, and any other pertinent information.
L. The State Department and the Appellant shall have one hundred twenty (120) days from the date that the State Department receives the appeal to resolve the issue(s) on appeal. The 120 day time limit may be extended by agreement of both the Appellant and the State Department if it is likely that the additional time will result in a fully executed settlement agreement or resolution of the appeal.
M. As soon as it is evident within the 120 days that the Appellant and the State Department will not resolve the issue(s) on appeal, the State Department shall forward a copy of the Appellant’s original appeal document(s) to the Office of Administrative Courts in order to initiate the Office of Administrative Courts fair hearing process.
N. If, by the end of the 120 day period, the State Department has been unable to contact the Appellant using the information submitted by the Appellant, including by first class mail, and the Appellant has not contacted the State Department, the appeal shall be deemed abandoned. The finding entered by the county department shall be upheld in the state automated case management system without further right of appeal. The State Department shall notify the Appellant of this result by first class mail to the address submitted by the Appellant.
[7.112 7.113] STATE FAIR HEARING BEFORE THE OFFICE OF ADMINISTRATIVE COURTS
A. When the Office of Administrative Courts receives the appeal documents from the State Department, the Office of Administrative Courts shall docket the appeal and enter a procedural order to the parties indicating the following:
1. The date and time for a telephone scheduling conference with the parties.
2. During the telephone scheduling conference, the Office of Administrative Courts shall determine the date for the hearing. Following the scheduling conference, the Office of Administrative Courts will issue a further procedural order and notice of hearing. The order/notice will contain the hearing date, the fourteen (14) day deadline for the notice of issues, the fourteen (14) day deadline for response and deadline for filing pre-hearing statements. Any party requiring an extension or modification of any of the deadlines in the order may file a request with the Administrative Law Judge.
3. The notice of issues shall include the following:
a. The specific allegations(s) that form the basis of the county department’s finding that the Appellant was responsible for child abuse or neglect;
b. The specific type and severity of child abuse asserted against Appellant and the legal authority supporting the finding; and,
c. To the extent that the State Department determines that the facts contained in the state automated case management system support a modification of the type or severity of child abuse or neglect determined by the county department, the State Department shall so notify the county department and the Appellant of that modification and the process shall proceed on the modified finding(s).
4. The Appellant shall respond to the State Department’s submittal by providing the factual and legal basis supporting the appeal to the State Department and to the Office of Administrative Courts.
5. If the Appellant fails to participate in the scheduling conference referenced above or fails to submit the response referenced herein, the Office of Administrative Courts shall deem the appeal to have been abandoned by the Appellant and render an Initial Decision Dismissing Appeal. In accordance with the procedures set forth below, the Office of Appeals may reinstate the appeal for good cause shown by the Appellant.
6. In the event that either party fails to respond to a motion to dismiss filed in the appeal, the Administrative Law Judge shall not consider the motion to be confessed and shall render a decision based on the merits of the motion.
B. The Administrative Law Judge shall conduct the appeal in accordance with the Administrative Procedure Act, Section 24-4-105, C.R.S. The rights of the parties include:
1. The State Department shall have the burden of proof to establish the facts by a preponderance of the evidence and that the facts support the conclusion that the Appellant is responsible for the child abuse or neglect indicated in the notice of issues provided by the State Department. The state automated case management system is not the only acceptable evidence for establishing that the finding is supported by a preponderance of evidence;
2. Each party shall have the right to present his or her case or defense by oral and documentary evidence, to submit rebuttal evidence, and to conduct cross-examination;
3. Subject to these rights and requirements, where a hearing will be expedited and the interests of the parties will not be subsequently prejudiced thereby, the Administrative Law Judge may receive all or part of the evidence in written form or by oral stipulations;
4. A telephonic hearing may be conducted as an alternative to a face-to-face hearing unless either party requests a face-to-face hearing in writing. The written request for a face-to-face hearing must be filed with the Office of Administrative Courts and the other party at least ten (10) calendar days before the scheduled hearing. A request for a face-to-face hearing may necessitate the re-setting of the hearing; and,
5. Where facilities exist that have videoconferencing technology local to the county department that made the founded finding, either party may request that the hearing be conducted via that technology. The requesting party shall investigate the feasibility of this approach and shall submit a written request outlining the arrangements that could be made for video conference. The Office of Administrative Courts shall hold the hearing via videoconferencing for the convenience of the parties whenever requested and feasible. A request for a hearing via videoconferencing may necessitate the re-setting of the hearing.
C. At the conclusion of the hearing, unless the Administrative Law Judge allows additional time to submit documentation, the Administrative Law Judge shall take the matter under advisement. After considering all the relevant evidence presented by the parties, the Administrative Law Judge shall render an Initial Decision for review by the Colorado Department of Human Services, Office of Appeals.
D. The Initial Decision shall uphold, modify or overturn/reverse the county finding. The Administrative Law Judge shall have the authority to modify the type and severity level of the child abuse or neglect finding to meet the evidence provided at the hearing. The Administrative Law Judge shall not order the county to modify its record; rather, the State Department shall indicate the outcome of the appeal in its portion of the state automated case management system.
E. When an Appellant fails to appear at a duly scheduled hearing having been given proper notice, without having given timely advance notice to the Office of Administrative Courts of acceptable good cause for inability to appear at the hearing at the time, date and place specified in the notice of hearing, then the appeal shall be considered abandoned and the Administrative Law Judge shall enter an Initial Decision Dismissing Appeal. In accordance with the procedures set forth in Section [7.202.608 7.114], the Office of Appeals may reinstate the appeal for good cause shown by the Appellant.
[7.113 7.114] TRANSITION TO THE NEW APPEAL PROCESS
[A. On or after March 31, 2011, All new Appeals] shall be submitted to the Colorado Department of Human Services section authorized by the Executive Director to process these appeals, using the state approved appeal form provided to individuals who have been found responsible for an incident of child abuse or neglect.]
[B. If an individual submits a request for a record review or a fair hearing directly to the Office of Administrative Courts on or after March 31, 2011, the Office of Administrative Courts shall not begin to process that appeal and shall, instead, transfer the appeal request to the Colorado Department of Human Services section authorized by the Executive Director to process these appeals.
C. If an individual requested a fair hearing before an Administrative Law Judge prior to the effective date of these rules, that appeal shall continue in accordance with the rule provisions in effect at the time that the request was received by the Office of Administrative Courts.
D. If an individual requested a record review by an Administrative Law Judge prior to the effective date of these rules and the matter has not yet reached the decision stage by the Administrative Law Judge, the individual shall be notified that she/he has the option of requesting the Department to process the appeal under the revised process.]
[7.114 7.115] STATE DEPARTMENT OFFICE OF APPEALS FUNCTIONS
A. Review of the Initial Decision and hearing record and entry of the Final Agency Decision shall be pursuant to state rules at Sections 3.850.72 - 3.850.73 (9 CCR 2503-8).
B. Review shall be conducted by a State adjudicator in the Office of Appeals not directly involved in any prior review of the county report being appealed.
C. The Final Agency Decision shall advise the Appellant of his/her right to seek judicial review in the State District Court, City and County of Denver, if the Appellant had timely filed Exceptions to the Initial Decision.
D. If the Appellant seeks judicial review of the Final Agency Decision, the State Department shall be responsible for defending the Final Agency Decision on judicial review.
E. In any action in any court challenging a county’s founded finding of child abuse or neglect, the State Department will defend the statutes, rules, and state-mandated procedures leading up to the finding, and will defend all county actions that are consistent with statutes, rules, and state-mandated procedures. The State Department shall not be responsible for defending the county department for actions that are alleged to be in violation of, or inconsistent with, state statutes, state rules or state-mandated procedures.
[7.115 7.116] CONFIDENTIALITY OF APPEAL RECORDS
A. All records submitted by the parties as part of the state level appeal process and all notices, orders, agency notes created by or made part of the State Department’s agency record shall be confidential and shall not be released or disclosed unless such release or disclosure is permitted by the applicable state statutes or Section 7.605.
B. Initial and Final Agency Decisions where information identifying the Appellant, victim(s), other family members, or other minors have been blocked out may be released to the public.
***********************
(12 CCR 2509-3)
7.200 OVERVIEW OF CHILD WELFARE SERVICES - PROGRAM AREAS 3, 4, 5, and 6 [Rev. eff. 1/1/14]
Child Welfare Services constitutes a specialized set of services defined at Section 26-5-103, C.R.S., that are intended to strengthen the ability of families to protect and care for their own children, prevent involvement or continued involvement in the child welfare system, minimize harm to children and youth, and ensure permanency planning. The goal shall be to support the intactness of families, when appropriate, through the provision of services aimed at stabilizing the family situation and strengthening the parents/guardians in fulfilling their parental responsibilities to their children. Intervention shall be guided by respect for the family's integrity, knowledge of the legal base for action, and sound social work practice.
The following principles shall underlie the provision of Child Welfare Services:
A. Children and youth shall have the right to be raised in an environment free from abuse or neglect preferably by their families of origin by providing reasonable efforts to maintain the family unit through the provision of in-home services.
B. Placement shall be considered when there is evidence that leaving the child in the home would jeopardize the safety of the child or community. Reasonable efforts shall be made to prevent placement or to reunite the family as soon as safely possible if removal is necessary. In determining reasonable efforts to be made, and in making such reasonable efforts, the child's health and safety shall be the paramount concern. A court may determine that reasonable efforts shall not be required; otherwise, reasonable efforts shall be made to preserve and reunify families.
C. Appropriate and culturally competent services that promote safety shall be provided to families, children, and youth in their own homes and in out-of-home placements.
D. Children and youth who have been removed from the care of their parents shall have the right to a diligent search according to Section 7.304.52 (12 CCR 2509-4) for extended family members who can be considered as placement resources, to be placed in a safe environment, to not be moved indiscriminately from one placement to another, and to have the assurance of a permanency plan.
E. Consideration of the child's age, culture, language, religion, and other needs shall guide the choice of all services provided. Race, color, and national origin of the child and the prospective parents are considered in foster and adoptive placements only in extraordinary circumstances.
F. Case planning shall involve the parents so that relevant services can be provided to permit timely rehabilitation and reunification.
G. Child Welfare Services shall be provided in collaboration with other community agencies on behalf of children, youth, and their families. Assessment tools or resources available through these community agencies shall be incorporated in the assessment, based on the culture and other needs of the family.
7.200.1 PROGRAM AREA 3 - PROGRAM FOR PREVENTION AND INTERVENTION SERVICES FOR CHILDREN, YOUTH, AND FAMILIES AT RISK OF INVOLVEMENT WITH CHILD WELFARE [Eff. 1/1/14]
The Program Area 3 (PA3) program provides prevention and intervention services for children, youth, and families at risk of involvement with child welfare. Services may be provided to assist families to safely care for their children.
A. Prevention services are voluntary and based on a human services professional decision regarding the family’s need and on youth and family choice. Services may include:
1. Services that reduce risk and increase protective factors to decrease the likelihood of child abuse and neglect; or,
2. Services provided when a child or youth is in conflict with his/her family members, community, or at risk for abuse or neglect and do not meet the definition of unsafe as found in section 7.202.3.
Services cannot be provided when the child’s circumstance meets the definition of unsafe as found in section 7.202.3.
B. Intervention services are voluntary and based on a human services professional decision regarding the family’s need and youth and family choice. Services may include:
1. Proactive efforts to intervene when the immediate health, safety or well-being of a child is not at-risk; or,
2. Services provided after a referral has been screened out; or,
3. Services provided when a case is assessed as not requiring child protection or youth in conflict services and the case is closed; or,
4. Services provided when a child welfare case has been closed, the child is safe as defined in section 7.202.3, and additional supports would improve a family’s protective factors and reduce the possibility of recurrence of abuse or neglect.
7.200.11 Eligibility Criteria [Eff. 1/1/14]
A. County Department
A county is eligible to provide Program Area 3 prevention and intervention services when the county has a state-approved service delivery plan. The service delivery plan shall be submitted as an addendum to the Core Services Plan and shall include the process for referral and assessment to the prevention and intervention service.
B. Families, Youth, and Children
Families, youth, and youth/children are eligible for prevention and intervention services if a child/youth is in conflict with his/her family members, in conflict with the community, or at risk of abuse or neglect and do not meet criteria for a child protection or youth in conflict case.
Families, youth, and children are eligible for prevention and intervention services if a human services professional has determined the family has a need for the service.
C. Community Agency or Another Division within the County Department
A community agency or another division within the county department is eligible to refer a family, youth, or child for prevention or intervention services, or to provide services to a family, youth, or child if so stated in the county’s state-approved service delivery plan addendum to the Core Services Plan.
7.200.12 County Responsibilities
The county department shall be responsible:
A. To deliver prevention and intervention services according to the state-approved service delivery plan that is an addendum to the Core Services Plan.
B. To ensure community agencies and/or other divisions within the county provide prevention and intervention services according to the state-approved service delivery plan.
C. To ensure community agencies and/or other division within the county department refer families, youth, and children to the prevention and intervention service according to the contract with the county Child Welfare Division.
D. To ensure community agencies and/or other divisions of human services offer prevention or intervention services according to the contract with the county department.
E. To ensure documentation in the approved statewide automated system of the names, age, ethnicity, gender, service provided, and the reason the service ended for families, youth, and children referred for or provided prevention and intervention services.
F. To ensure documentation in the approved statewide automated system(s) of all required data elements of each funding source used for prevention and intervention services.
7.200.13 Funding Sources [Eff. 1/1/14]
Counties may use any available funding source to provide services under Program Area three, in accordance with the rules and requirements governing the specific funding stream utilized.
7.200.2 HUMAN IMMUNODEVICIENCY VIRUS (HIV) POLICY
7.200.21 Definitions
A. Acquired Immunodeficiency Syndrome (AIDS): The late stage of the illness triggered by infection with Human Immunodeficiency Virus (HIV). A person receives an AIDS diagnosis when he or she has a CD4 (helper 1-cell) count of less than 200 and/or certain opportunistic infections common with advanced immune deficiency.
B. HIV: The detection by laboratory antibody tests of the presence of the Human Immunodeficiency Virus (HIV) in an individual.
C. Universal Precautions: Measures used to keep a barrier between an person and blood and/or other infectious bodily fluids. The precautions are published by the Centers for Disease Control as accepted methods of preventing the spread of infectious disease and, when used routinely and propely, are sufficient to control the spread of infectious blood borne diseases, including HIV. Following are the universal precautions:
1. Universal precautions apply to blood and to other body fluids containing visible blood. Blood is the single most important source of HIV in a care giving setting.
2. Universal precautions also apply to semen and vaginal secretions. Although both of these fluids have been implicated in the sexual transmission of HIV, they have not been implicated in transmission from client to care providers.
3. Universal precautions do not apply to feces, nasal secretions, sputum, sweat, tears, urine, saliva and vomitus unless they contain visible blood. The risk of transmission of HIV from these fluids, while theoretically possible, is extremely low or nonexistent.
4. In any contact with visible blood, use a barrier such as latex gloves. When these are not immediately available, such as immediate response to a nosebleed or wound, use a barrier such as a towel. If hands are exposed to blood, they must be washed with soap and water immediately after contact.
7.200.22 Testing and Confidentiality
A. For children and youth in the legal custody of the county department of social services, the county department shall recommend to the medical care provider that the child or youth be tested for HIV based on determination of risk including the following considerations:
1. Specific medical reasons for testing related to the well-being of the child or youth.
2. Authority to test based on legal mandates or the informed consent of the client or those authorized to make medical decisions for the client.
3. Mandatory pre and post test counseling shall include age appropriate information regarding the illness, assistance in dealing with psycho social issues, information about safer sex and a risk reduction plan.
4. A plan shall be developed for re-testing based upon risk behaviors.
5. In the event a child refuses to consent to testing for HIV, the medical care provider shall be requested to provide counseling to the child.
B. Confidentiality
Section 25-4-1405(6), C.R.S., allows for minors to be examined and treated for HIV infection without the consent of the parent or guardian. Further, if the minor is age 16 or older, the results of the examination or treatment need not be divulged to the minor's parent or guardian, or to any person, unless necessary under reporting requirements of Title 25 or Title 19, C.R.S.
In the event that the county becomes aware of positive HIV test results, the county shall develop a plan for confidential management of test results and HIV status. The county's policy may limit access to the test results based on the need to know and must comply with provisions of Title 25, Article 4, Part 14, C.R.S. The need to know shall include, but not be limited to:
1. The care provider, with consideration of his or her capacity to provide appropriate physical and emotional care to a child or youth who is HIV-infected and his or her capacity to appropriately manage confidentiality issues. In the case of residential child care facility, residential treatment center, or child placement agency placement, HIV information shall be provided to the person designated by the facility to coordinate medical care.
2. The caseworker and supervisor for the child or youth, who must manage the case including medical care.
3. Child's biological parents based on the determination of risk to the child. The county department shall include the child's parents in decisions for medical procedures and treatment based on risk to the child, except where parental rights have been terminated.
7.200.23 Service Provisions
7.200.231 Non-Discrimination
The status of being at risk for HIV exposure or being diagnosed with HIV/AIDS shall not be a cause for denial of services.
7.200.232 General Services
The county department shall identify and may refer for medical evaluation children or youth in county custody who are at risk of HIV infection, considering the following factors:
A. Infants born to known HIV infected mothers or mothers with high risk behavior.
B. Children who have been involuntary sexual partners because of sexual assault, rape, incest and/or sexual abuse.
C. Children with hemophilia who were exposed to blood or blood products before 1985 or children or youth who have received blood transfusions before March 1985.
D. Children engaged in injection drug use past or present, including other injection behaviors such as needle sharing.
E. Children engaged in unprotected, oral vaginal, or anal intercourse.
7.200.3 CHILD WELFARE GRIEVANCE RESOLUTION PROCESS [Rev. eff. 8/1/13]
The governing body of each county, and city and county, shall establish a grievance process, including a citizen review panel, as required by Section 19-3-211, C.R.S. A grievance filed by a complainant concerning the conduct of a county department employee can be submitted to the county department or the Colorado Department of Human Services Client Services unit.
The following requirements apply to the grievance process:
A. Definitions
"Grievance" means a complaint filed by a complainant regarding the conduct of an employee of a county department of social services in performing his/her duties under Article 3 of the Children's Code. "Grievance" does not include complaints regarding conduct by the courts, attorneys, law enforcement officials, employees of the State, foster parents or other providers of services to children, or other family members.
"Citizen Review Panel" means an advisory body appointed by the governing body of a county or city and county pursuant to Section 19-3-211, C.R.S. The members of such citizen review panel shall be appointed by the governing body without influence from the state department or the county department, be representative of the community, have demonstrable personal or professional knowledge and experience with children, and not be employees or agents of the state department or any county department. At least one member of the citizen review panel in each county and city and county shall be the parent of a minor child at the time of his or her appointment to serve on such panel.
"Complainant" means any person who was the subject of an investigation of a report of child abuse or neglect or any parent, guardian, or legal custodian of a child who is the subject of a report of child abuse or neglect and brings a grievance against a county department in accordance with the provisions of Section 19-3-211, C.R.S.
"Conduct" means the manner in which a county department employee behaves when performing his/her duties under Article 3 of the Children’s Code. If an employee makes a decision that is appealable under Colorado statutes and the rules governing child welfare services, an individual may pursue those remedies. The grievance resolution process does not modify the time frames for pursuing the other forms of relief available under Colorado statutes and the rules governing child welfare services.
"Governing body" means the board of county commissioners of a county, or a city council of a city and county, in accordance with Section 19-1-103(54), C.R.S.
"Recommendation" means a proposed course of action that may be implemented by a county director to resolve a grievance. These proposed actions may include reassigning a case to a different employee, requiring an employee to receive training, or administering disciplinary action to an employee, subject to applicable safeguards afforded to the employee through the personnel system under which the employee is employed.
B. Time Frames for Resolving Grievances
Any grievance shall be forwarded to the county director for internal resolution within ten working days after it has been received by the county department.
The county director shall act on the grievance within twenty calendar days after s/he receives it. If the county director is able to resolve the grievance to the complainant's satisfaction, s/he will issue a written decision setting forth the resolution. If the county director is unable to resolve the grievance to the complainant's satisfaction within twenty (20) calendar days and the complainant has requested the grievance be referred to the Citizen Review Panel, the county director shall immediately refer the grievance to the Citizen Review Panel, together with the county directors proposed resolution of the grievance.
Within thirty calendar days after receipt of the grievance from the county director, the Citizen Review Panel will review or convene a hearing on the grievance and send a written recommendation regarding the grievance, together with the basis for its recommendation, to the county director and the complainant.
If the county director agrees with the Citizen Review Panel's recommendation, s/he will issue a written decision implementing the recommendation. If the county director or the complainant disagrees with the recommendation, the grievance shall be referred to the governing body.
Within thirty calendar days of receiving the grievance, the governing body shall send its written recommendation regarding the grievance, together with the basis for the recommendation, to the complainant, the county director and to any county employee who is the subject of the grievance. The county director shall issue a final decision including his/her plan to implement the governing body's recommendation, and shall send a copy of this report to the complainant and to the county employee who is the subject of the grievance. Within thirty calendar days after issuing this final decision, the county director shall submit a written report to the Citizen Review Panel including a disposition of the grievance, and shall send copies of the report to the complainant and to the county employee who is the subject of the grievance.
C. Citizen Review Panel
1. Access to Information and Confidentiality
A Citizen Review Panel shall have access to child abuse or neglect reports and any information from the complete case file that the governing body believes is pertinent to the grievance, which shall be reviewed solely for the purpose of resolving grievances pursuant to the provisions of this section, except that access to identifying information concerning any person who reported child abuse or neglect shall not be provided and no participant in the conflict resolution process shall divulge or make public any confidential information contained in a report of child abuse or neglect or in other case file records to which he or she has been provided access.
2. Informal Testimony
Upon the request of the complainant, the county department, or the subject of a grievance, a citizen review panel may receive testimony from experts or other witnesses. Such testimony must be provided voluntarily and without a fee. Further, such testimony will be provided without an oath, will not be subject to objections from parties to the grievance process, and the witness will not be subject to cross examination. Members of the Citizen Review Panel, however, may ask questions of the witness as the panel's procedures permit.
3. Scope of Inquiry and Recommendations
The Citizen Review Panel shall only inquire into and make recommendations concerning grievances as presented by a complainant and as defined above. The Citizen Review Panel may not access records or receive testimony unless the record or testimony is directly related to a grievance property referred to the panel. Once the panel has made a recommendation concerning a grievance, or the time for making such a recommendation has expired, the panel may not inquire further into the grievance. The panel may not inquire into the conduct of courts, attorneys, law enforcement officials, employees of the State, foster parents or other providers of services to children, or other family members, nor may the panel inquire into the conduct of a county department employee if no grievance concerning that employee or that conduct has been properly referred to the panel.
The authority of the Citizen Review Panel is limited to making recommendations as defined above. Specifically, the panel may only recommend actions that:
a. Will resolve a particular grievance concerning the conduct of a county department employee performing his/her duties under Article 3 of the Children's Code; and,
b. Can be implemented by the County Director.
D. Annual Reports
On or before July 31 of each year, every county or city and county shall submit to the State Department an annual report regarding the resolution of grievances pursuant to this section. At a minimum, this report shall include:
1. The number of grievances received by the County Director, the number of grievances referred to the Citizen Review Panel, the number of grievances referred to the governing board, and the actual time frames for resolving grievances at each level.
2. A brief description of the disposition of the grievances, including the number that were concluded without any action taken, the number which were substantiated, the number resolved by case reassignment, the number resolved by requiring additional training, the number resolved by imposing disciplinary action against a county employee, and the number resolved in other ways.
3. A copy of its county grievance policy; and,
4. A list identifying the Citizen Review Panel members.
E. Counties shall publicize:
1. The availability of the process for all dependency and neglect cases through the "Notice of Rights and Remedies" and by informing child welfare clients, guardians, and legal custodians of the process during the initial contacts with parties and periodically throughout the provision of services related to dependency and neglect cases.
2. The rights and remedies for families as specified in Section 7.200.4.
3. Any other information about the process as deemed relevant by the governing body.
7.200.4 REQUIRED NOTICE OF RIGHTS AND REMEDIES
A. All county departments shall utilize the state prescribed "Notice of Rights and Remedies for Families" in cases subject to Article 3 of the Colorado Children's Code, "Dependency and Neglect".
B. County departments shall add county-specific information to the state prescribed form and supply copies of the notice to all law-enforcement agencies within the county or district.
C. The notice shall be delivered at the time of a child's removal to the parent(s) and family from whom the child is removed by court order or by law enforcement personnel. The notice shall specify the cause of the removal of the child or children.
1. If the removal is an emergency pursuant to Section 19-3-401, C.R.S., a copy of the court order directing the removal of the child or children from the home shall be delivered to the family promptly upon its availability.
2. If the removal of the child or children is not an emergency, a copy of the court order directing the removal shall also be provided to the parents and family at the time of removal.
7.200.5 MANDATORY REPORTING OF CHILD ABUSE OR NEGLECT
All county department staff who have reasonable cause to know or suspect child abuse or neglect as set forth in Section 19-3-304, C.R.S., are mandated to report such information to the appropriate county department staff or local law enforcement.
7.200.6 REFERRALS
"Referral" means a report made to the county department that contains one or more of the following:
A. Allegations of child abuse or neglect as defined in Section 19-1-103(1), C.R.S.;
B. Information that a child or youth is beyond the control of his/her parent;
C. Information about a child or youth whose behavior is such that there is a likelihood that the child or youth may cause harm to him/herself or to others, or who has committed acts that could cause him/her to be adjudicated by the court as a delinquent;
D. Information indicating that a child or youth meets specific Program Area 6 requirements and is in need of services.
7.200.61 Documentation of Referrals
All reports that meet the definition of a referral shall be entered into the State automated system (TRAILS). Any time a case is opened, it shall come through the referral or assessment process in TRAILS with the exception of Interstate Compact on the Placement of Children (ICPC), out of state subsidized adoption, and Division of Youth Corrections (DYC) Medicaid-only.
7.201 PROGRAM AREA 4 - YOUTH IN CONFLICT
7.201.1 DEFINITION OF PROGRAM AREA 4
Program Area 4 services are provided to reduce or eliminate conflicts between youth and their family members or the community when those conflicts affect the youth's well-being, the normal functioning of the family or the well-being of the community. The focus of services shall be on alleviating conflicts, protecting the youth and the community, re-establishing family stability, or assisting the youth to emancipate successfully.
7.201.2 TARGET GROUPS
A. Children and youth who are beyond the control of their parents or guardians.
B. Children and youth whose behavior is such that there is a likelihood they may cause harm to themselves or to others or who have committed acts that could cause them to be adjudicated a delinquent child by the court.
7.201.3 INITIAL ASSESSMENT
A. The county department shall respond, either with a face-to-face intervention or by telephone, when notified by the court appointed detention screener or a law enforcement officer, of a child or youth in the custody of a law enforcement agency who is inappropriate for secure detention but cannot be returned home.
B. The county department shall complete a needs assessment for children or youth who do not require physical restriction but for whom immediate removal from the home appears necessary for his/her protection or the protection of others. The county department shall provide needed services, other than secure detention, such as temporary placement, crisis intervention, or in home services.
C. A child or youth shall not be removed from the home without police protective custody or hold, a court order, or a signed voluntary placement agreement. Before or at the conclusion of the court-ordered placement (72 hours) or police hold (48 hours), the child or youth shall:
1. Be returned home; or,
2. Remain in court-ordered placement; or,
3. Continue in placement by virtue of a voluntary placement agreement signed by the parents/guardians.
7.202 PROGRAM AREA 5 - CHILDREN IN NEED OF PROTECTION
7.202.1 (None) [Rev. eff. 3/2/13]
7.202.2 (None) [Rev. eff. 3/2/13]
7.202.3 DEFINITIONS [Rev. eff. 3/2/13]
"Agency response" means the protocol prescribed by the Department that guides practice pertaining to the protection of children in the dual-track response system.
"Assessment" and the term "investigation", as used in Section 19-3-308, C.R.S., are interchangeable in these rules. "Assessment" means work conducted by a case worker to engage the family and the community, to gather information to identify the safety, risks, needs and strengths of a child, youth, family, and community to determine the actions needed.
Child abuse or neglect is defined in Section 19-1-103(1), C.R.S.
"Colorado Safety Assessment Instrument" means the instrument in the State automated case management system that guides a case worker through a safety assessment process.
"De novo" means that the issue is reviewed once again as if the appeal were the first review.
Differential Response" provides a dual-track response system for referrals that meet the criteria for assignment. The two response options are the High Risk Assessment (HRA) and the Family Assessment Response (FAR).
"Expungement" means the designation of a report or record whereby it is deemed not to have existed for the purpose of employment and background screening. Expungement of a founded finding of abuse or neglect shall not preclude the county department from maintaining records of the report in the case file or in the State automated case management system for purposes of future safety and risk assessments.
Family Assessment Response", also referred to as "FAR", means the track established for low and moderate risk situations, where no one is identified as a victim or person responsible for abuse or neglect.
"Founded finding" means that the child abuse or neglect assessment established that an incident(s) of child abuse or neglect has occurred, by a preponderance of evidence.
"Framework" means a method for organizing and analyzing information including, but not limited to:
A. Danger/harm;
B. Complicating/risk factors;
C. Child vulnerability;
D. Gray areas;
E. Cultural considerations/race;
F. Safety/strengths;
G. History;
H. Next steps.
"Good cause" means a legitimate reason why the process set forth herein should be modified. Such reasons may be that it was not possible for a party to meet a specified deadline and there was incapacity of the party or representative, lack of proper notice of the availability of the appeal process, additional time is required to obtain documents which were timely requested but not delivered, or other circumstances beyond the control of the party.
"High Risk Assessment" means the track established for high risk situations, where a person responsible for abuse or neglect and the victim(s) are identified and a finding of abuse or neglect is made.
"Impending danger" means threats to child safety not occurring at present but likely to occur in the near future and likely to result in severe harm to a child.
"Incident of egregious abuse or neglect" means an incident of suspected abuse or neglect involving significant violence, torture, use of cruel restraints, or other similar, aggravated circumstance.
"Inconclusive finding" means that there was some likelihood that abuse or neglect occurred but the child abuse or neglect assessment could not obtain the evidence necessary to make a founded finding of child abuse or neglect.
"Intrafamilial abuse" means any case of abuse or neglect as defined in Sections 19-1-103(1) and 19-3-102(1) and (2), C.R.S., that occurs within a family context by a child’s parent, stepparent, guardian, legal custodian, or relative, by a spousal equivalent, domestic partner, or by any other person who resides in the child’s home or who has access to the child’s home for the purpose of exercising care for the child; except that "intrafamilial abuse" shall not include abuse by a person who is regularly in the child’s home for the purpose of rendering care for the child if such person is paid for rendering care and is not related to the child.
"Institutional abuse" means any case of abuse or neglect that occurs in any public or private facility in the state that provides child care out of the home, supervision, or maintenance. "Facility" includes, but is not limited to, family child care homes, foster care homes, and any other facility subject to the Colorado "Child Care Licensing Act" and described in Section 26-6-102, C.R.S. "Institutional abuse" shall not include abuse that occurs in any public, private, or parochial school system, including any preschool operated in connection with said system; except that, to the extent the school system provides extended day services, abuse that occurs while such services are provided shall be institutional abuse.
"Moderate to severe harm" refers to the consequence of maltreatment at a level consistent with a moderate, severe or fatal level of physical abuse, sexual abuse or neglect, as defined in Section 7.202.601.
"Near fatality" means a case in which a physician determines that a child is in serious, critical, or life-threatening condition as the result of sickness or injury caused by suspected abuse, neglect, or maltreatment.
"Preponderance of evidence" means credible evidence, put forth by either party that the claim is more probably true than false.
"Present danger" means immediate, significant, and clearly observable threat to child safety that is actively occurring and will likely result in severe harm to a child.
"RED Team" is an acronym that stands for Review, Evaluate and Direct. The RED Team is a group decision making process that utilizes the framework and agency response guide to determine county department response to referrals.
"Safe" is a condition where there is no present or impending threat of moderate to severe harm to a vulnerable child from current known family conditions, or the protective capacities in the family are sufficient to control existing dangers of threats of danger and protect the vulnerable child.
"Safety plan" refers to a written plan that:
A. Establishes protection for the child;
B. Is made by the family or natural supports, safety service providers, and the county department;
C. Does not rely on the person responsible for abuse or neglect to initiate protective actions in order for the plan to be operationalized.
"Spousal equivalent" or "domestic partner" means a person who is in a family-type living arrangement with a parent and who would be a stepparent if married to that parent.
"Third-party abuse" means a case in which a child is subjected to abuse by any person who is not a parent, stepparent, guardian, legal custodian, spousal equivalent, or any other person not included in the definition of intrafamilial abuse or institutional abuse, as defined in this section.
"Threat of moderate to severe harm" relates to conditions, behaviors or attitudes that could result in moderate to severe harm.
"Traditional response" is the response process defined in High Risk Assessment for all counties not selected to participate in Differential Response This response shall be used for all referrals and assessments of low, moderate, and high risk.
"Unfounded finding" means that the child abuse or neglect assessment showed there is clear evidence that no incident of child abuse or neglect occurred.
"Unsafe" is a condition where there is a present or impending threat of moderate to severe harm to a vulnerable child from current known family conditions and protective capacities in the family are insufficient to control danger or threats of danger.
7.202.4 PROCEDURES FOR REFERRALS OF ABUSE OR NEGLECT [Rev. eff. 3/2/13]
A. The county department shall have staff available twenty-four (24) hours a day to receive referrals of alleged abuse and neglect, conduct initial reviews of such referrals and assess those referrals that are appropriate for child protective services. Continuously available means the assignment of a person to be near an operable telephone, pager system, or to have such arrangements made through agreements with the local law enforcement agencies. The county department shall ensure that all referrals are entered into the State automated case management system by the end of the business day.
B. The county department shall establish response protocols outlining the county plan for weekends, holidays, and after-hour coverage, to include:
1. How the county will ensure that those individuals reporting abuse or neglect after hours are directed to the designated number or agency for response,
2. Requirements for thorough documentation to support the disposition/actions of the emergency response worker; and,
3. That referrals must be entered into the State automated case management system as outlined in Sections 7.200.6 and 7.200.61 by the next business day.
C. The county department shall provide appropriate referral information to the reporting party in those situations in which there are inadequate grounds to constitute assignment for assessment. Either casework or supervisory staff shall inform, whenever possible and appropriate, the reporting party of the decision not to accept as an assessment and the reasons for that decision.
D. Within thirty calendar days after receipt of a referral of suspected child abuse or neglect from a specified mandatory reporter, the county department shall notify the specified mandatory reporting party who is and continues to be officially and professionally involved in the ongoing care of the child who was the subject of the referral and has a need to know in order to fulfill his or her professional and official role in maintaining the child’s safety. The county department shall provide the specified mandatory reporting party with: the name of the child and the date of the referral; whether the referral was accepted for assessment; whether the referral was closed without services; whether the assessment resulted in services related to the safety of the child; the name of and contact information for the county caseworker responsible for the assessment; notice that the reporting mandatory reporter may request updated information within ninety calendar days after the county department received the referral; and, information concerning the procedure for obtaining updated information. Such specified mandatory reporters are:
1. Hospital personnel engaged in the admission, care, or treatment of children;
2. Mental health professionals;
3. Physicians or surgeons, including physicians in training;
4. Registered nurses or licensed practical nurses;
5. Dentists;
6. Psychologists;
7. Unlicensed psychotherapists;
8. Licensed professional counselors;
9. Licensed marriage and family therapists;
10. Public or private school officials or employees;
11. Social workers or workers with any facility or agency that is licensed or certified as a child care provider;
12. Victim’s advocates of a battered women's shelter, rape crisis organization, or comparable community-based organization, except that of a law enforcement agency; and,
13. Clergy members pursuant to Section 19-3-304(2)(aa)(III), C.R.S.
E. The county department shall enter all referrals into the State automated case management system as outlined in Sections 7.200.6 and 7.200.61, and conduct an initial review. The initial review shall decide the appropriateness of assessment and/or RED Team review. It shall include, but not be limited to, the following activities:
1. Checking the State automated case management system for prior involvement, which is to be reviewed in terms of actions taken and services provided and used to inform whether there is known or suspected abuse or neglect or serious threats of harm to a child. The review and the decision not to accept a referral for assessment shall be documented in the State automated case management system. The supervisor is to ensure that the review and the documentation have occurred.
2. Reviewing county department files.
3. Obtaining information from collateral sources, such as schools, medical personnel, law enforcement agencies, or other care providers.
F. The county department shall gather and document the following information as available:
1. Family members and birth dates.
2. Relationships of individuals in the household.
3. Identified alleged victims, birth dates, and their current location.
4. Reasonable effort to secure the identity of the person alleged to be responsible for the abuse or neglect, as well as the responsible person's date of birth, Social Security Number, and last known address.
5. Presenting problems - specific allegations.
6. Reporter's credibility and name, address, and phone number.
7. Relationship of reporter to family.
8. Other potential witnesses.
9. Collateral agencies and individuals involved with the family.
10. Records check - results of internal and State automated case management system inquiries.
11. Date and time child abuse or neglect referral received.
12. Referrals made.
13. Family strengths and supports, if known.
14. Possible solutions for resolving the presenting problem, if known.
15. Race and ethnicity, if known.
16. Information as to whether or not the children have American Indian or Alaskan Native heritage, and if so, the Tribal affiliation.
G. The county department shall assign a referral for assessment if it:
1. Contains specific allegations of known or suspected abuse or neglect as defined in statutes and regulations. A "known" incident of abuse or neglect would involve those referrals in which a child has been observed being subjected to circumstances or conditions that would reasonably result in abuse or neglect. "Suspected" abuse or neglect would involve those referrals that are made based on patterns of behavior, conditions, statements or injuries that would lead to a reasonable belief that abuse or neglect has occurred or that there is a serious threat of harm to the child.
2. Provides sufficient information to locate the alleged victim.
3. Identifies a victim under the age of eighteen (18).
H. Appropriate reasons why a county department, with supervisor approval, may choose not to accept a referral include the following:
1. When the current allegations have previously been assessed and determined to be unfounded;
2. Refer to other state social/human services department;
3. Referral does not meet criteria of abuse or neglect as defined in statutes and regulations;
4. Referral lacks sufficient information to locate child/family;
5. Referral is duplicative of a previous referral (if so, associate with the duplicate referral in the State’s automated case management system);
6. Alleged perpetrator in referral is third (3rd) party, as defined in statutes and regulations, county department shall refer to law enforcement;
7. Referral information contains allegations of past incident of abuse/neglect – no current allegation of abuse or neglect.
8. Client/family refused services not court ordered for assessment (applicable for Program Area 4 only); or,
9. Other (requires documented explanation in the State’s automated case management system).
I. If a county department receiving a referral determines that another county has responsibility, the receiving county department shall forward the referral to the responsible county department as soon as possible, but no longer than eight (8) hours of determining responsibility, by entering the referral into the State automated case management system. The receiving county department shall make personal contact with the responsible county to verify receipt of the referral.
J. The county department shall ensure that referrals that do not need to be assigned for assessment are documented in the State automated case management system with the reasons why further assessment was not needed. In those referrals in which a full assessment is not going to be conducted the supervisor shall approve that decision.
K. The county department’s decision of how quickly to initiate an assessment is based on specific reported information that is credible and that indicates whether a child may be unsafe or at risk of harm.
7.202.41 Referral Response Process [Rev. eff. 3/2/13]
A. The county department shall assign priority in response time using the following criteria:
1. Immediate and/or same day response is required when the referral indicates that:
a. There may be present danger of moderate to severe harm; or,
b. The child’s vulnerability and/or factors such as drug and alcohol abuse, violence, isolation, or risk of flight from one county to another county or state, increase the need for immediate response.
c. If the referral is received after regular business hours and the response time assigned is immediate, the time frame is immediate and/or up to eight hours.
2. End of the third calendar day following receipt of the referral when the referral indicates that:
a. There may be impending danger of moderate to severe harm; or,
b. The child’s vulnerability and/or factors such as drug and alcohol abuse, violence, isolation, or risk of flight from one county to another county or state, increase the need for intervention in the near future.
3. Within five (5) working days from the date the referral is received when the referral indicates maltreatment or risk of maltreatment to a child and indicates an absence of safety concerns. The count excludes the date of referral.
4. If the caseworker is unable to locate the child within the assigned response time, reasonable efforts shall continue to locate the child according to the original assigned response time.
B. Differential Response (also defined in Section 7.202.3) provides a dual-track response system for referrals that meet the criteria for assignment. The two response options are the High Risk Assessment (HRA) and the Family Assessment Response (FAR).
C. County departments that have completed a readiness self assessment and planning process will be selected to participate in Differential Response by the Executive Director. The county departments shall utilize a RED Team process to determine the appropriate track assignment and response time based on the information gathered in the referral, except for referrals indicating an immediate response. All RED Team decisions shall be approved by a supervisor. High Risk Assessment is mandatory for referrals alleging a child fatality, near fatality, and egregious incident of child abuse or neglect, institutional abuse, and sexual abuse. RED Teams may use discretion to assign a High Risk Assessment based on the following factors: present danger, high level of risk, multiple previous referrals, and/or presenting case characteristics such as type of alleged maltreatment paired with high vulnerability of the alleged victim. The Family Assessment Response is for referrals with low to moderate risk.
7.202.5 ASSESSMENT PROCEDURES [Rev. eff. 3/2/13]
The county department shall, in both a High Risk Assessment and a Family Assessment Response, begin the assessment phase with face to face contact with the family and/or alleged victim and gather information to:
A. Assess for safety and take action to secure safety, if indicated;
B. Assess risk, needs, and strengths of children and families;
C. Obtain culturally relevant and appropriate resources for children and their families; and,
D. All counties shall enter a finding of founded, inconclusive or unfounded, as an outcome of the assessment in the State automated case management system. In a Family Assessment Response, no finding shall be made.
7.202.51 Written Procedures [Rev. eff. 3/2/13]
A. The county department shall develop written cooperative agreements with law enforcement agencies that include:
1. Protocol for cooperation and notification between parties on child abuse and neglect referrals and child maltreatment deaths.
2. Protocol for distributing the Notice of Rights and Remedies when required by Section 19-3-212, C.R.S., and Section 7.200.3, G, of this staff manual.
3. Joint law enforcement investigation and child welfare assessment procedures.
4. Procedures for independent law enforcement investigation and child welfare assessment by either party.
5. Procedures for law enforcement investigation of abuse or neglect in out-of-home-care settings. A law enforcement investigation regarding the criminal aspects of an institutional abuse case shall not relieve the county department of its responsibility to assess the safety of the children in out-of-home care settings.
B. The county department may develop a Memorandum of Understanding with Child Advocacy Centers as defined in Section 19-1-103(19.5), C.R.S., that is to include:
1. Protocols with advocacy center authorizing the use of their video tape or audio tape equipment;
2. Interviewers are to be qualified;
3. Interviews should meet the National Children's Alliance performance forensic standards for persons conducting these forensic interviews, as found in the National Children's Alliance Standards for accredited member programs; no later amendments or editions are incorporated. Copies of these standards are available from the Colorado Department of Human Services, Division of Child Welfare, 1575 Sherman Street, Denver, Colorado 80203, or at any State publications depository library;
4. The county department is not responsible for the training of the forensic interviewer employed by the advocacy center;
5. Procedures for conducting forensic interviews in a manner that is of a neutral fact-finding nature and coordinated to avoid duplicate interviews; and,
6. The child advocacy center shall provide technical assistance for forensic interviews, forensic medical examinations, or evidence collection or preservation.
C. The county department shall develop written procedures for providing updated information to the specified mandatory reporting party, identified in Section 7.202.4, D, upon request within ninety (90) calendar days after the county received the referral regarding:
1. The name of the child and the date of the referral;
2. Whether the referral was accepted for assessment;
3. Whether the referral was closed without services;
4. Whether the assessment resulted in services related to the safety of the child; and,
5. The name of and contact information for the county caseworker responsible for the assessment.
7.202.52 Assessment Requirements [Rev. eff. 3/2/13]
The assessment of intra-familial, institutional, or third party abuse shall be conducted as set forth in Sections 19-3-308(2), (3), (4) through 19-3-308.5, C.R.S. To the extent that is reasonably possible, this shall occur as soon as possible following the receipt of the referral according to the county's prioritization of the incident.
A. Within the assigned response timeframe, the assessment shall include a face-to-face interview with or observation of the child who is the subject of a referral of abuse or neglect. An interview shall occur if the child has verbal capacity to relate information relevant to safety decisions; otherwise, an observation of the child is sufficient.
B. In an assessment, the interview shall be conducted out of the presence of the suspected person(s) responsible for the abuse or neglect, except in a Family Assessment Response, the initial interview may be conducted with the entire family, when doing so does not compromise the safety of the child(ren). Children may be interviewed outside the presence of the suspected person(s) responsible for the abuse or neglect at any point during the assessment.
C. The assessment shall determine the names and conditions of any children living in the same place as the child who is the subject of the referral.
D. As a part of the assessment, reasonable efforts shall be made to:
1. Interview any person(s) alleged as responsible for the abuse or neglect.
2. Advise the person(s) alleged as responsible for the abuse or neglect or the referral.
3. Give the person(s) alleged as responsible for the abuse or neglect an opportunity to respond to the allegations.
E. The assessment shall include use of the Safety Intervention Model as described in Section 7.202.53. To assess for safety, interviews shall be conducted with all children, caregivers, and family members in the home to gather information that is relevant for determining whether a child is safe. These interviews shall determine:
1. Extent of child maltreatment;
2. Circumstances surrounding the child maltreatment;
3. Child functioning on a daily basis;
4. Adults and caregiver functioning on a daily basis;
5. Parenting practices; and,
6. Disciplinary practices.
F. Other persons identified through the assessment who may have information regarding the alleged maltreatment shall be interviewed, if possible, as part of the assessment.
G. A visit to the child's place of residence or place of custody shall be completed as part of the assessment if:
1. Home conditions are the subject of the referral; or,
2. Information obtained in the interview process indicates assessment of the home environment is necessary due to safety issues.
3. The visit will assist the case worker to determine the disposition of the allegations in a High Risk Assessment.
H. The assessment shall include consideration of race/ethnicity, religion, accepted work-related practices of agricultural communities, and accepted child-rearing practices of the culture in which the child participates.
I. Allegations of Sexual Abuse
1. When there are allegations of sexual abuse in the High Risk Asessment, counties shall, at a minimum, conduct in-state and out of state sex offender checks of the person(s) responsible for the alleged abuse/neglect, using one of these two options:
a. Option 1: Counties shall use Colorado Courts to check if a person(s) responsible for the alleged abuse/neglect is a sex offender, or,
b. Option 2: Counties shall use both the in-state and out-of-state government websites to check to see if a person(s) responsible for the alleged abuse/neglect is a sex offender.
2. When conducting any website checks, counties shall:
a. Use due diligence in following the specific check criteria for each website, and,
b. Also check for adult misdemeanor and/or juvenile adjudication records with a sexual offense.
c. Access or attempt to access government issued (tamper-resistive), photographic identification of the person(s) responsible for the alleged abuse/neglect and record full name(s), to include nicknames and/or aliases, address(es) and date(s) of birth in the automated case management system;
d. Access or attempt to access information from the alleged person(s) responsible for the alleged abuse/neglect on any possible involvement with law enforcement, probation, parole, corrections, community corrections, and/or child protection services in Colorado, or in any other state, and/or jurisdiction (federal, military, tribe, and/or country);;
e. Document all results in the State automated case management system.
f. Immediately report any possible violations of sex offender registration to local law enforcement; and,
g. Report all law enforcement verified matches of sex offenders to the individual, supervising officer/agent or team responsible for community supervision and public safety.
J. The assessment shall include use of the risk assessment model as described in Section 7.202.54.
K. When a county department substantiates child abuse or neglect regarding any child under the age of five years, that county department shall refer the child to the appropriate state or local agency for developmental screening within sixty days after abuse or neglect has been substantiated. The county may also refer any child under the age of five years in a Family Assessment Response, where there is no finding, if a parent requests or the child presents with needs that might benefit from a developmental screening as determined by the responding case worker.
L. All interactions with the family, as part of the assessment shall be documented in the State automated case management system. Any specific evidence gathered, such as photographs or videotapes, shall be filed in the case record and referenced in the State automated case management system.
M. At the time of a new assessment, the county department shall specifically review the history of any county department’s involvement occurring in any jurisdiction concerning any child in a household.
Each prior involvement is to be reviewed in terms of actions taken and services provided. The supervisor is to ensure that the review and the documentation have occurred. The county shall:
1. Determine whether there is a pattern of behavior in the family that is a threat to the safety of the child(ren) and take action to secure safety, if indicated, or seek more information to make a determination, and
2. Document in the assessment closure section of the State automated case management system that a review related to prior involvement occurred.
N. Reasonable efforts shall be made to prevent out-of-home placement, unless an emergency exists, and to maintain the family unit. Safety plans other than placement shall be considered, including but not limited to the provision of in-home and Core Services, if appropriate and available; the possibility of removing the maltreating adult from the home rather than the child; the possibility of the non-maltreating parent placing child and self in a safe environment; or the availability of kinship placement.
O. Taking children into custody - See Section 19-3-401, C.R.S.
P. Upon completion of a High Risk Assessment, the county department shall consider the assessment founded if there is a preponderance of evidence to support that abuse or neglect occurred.
Q. For purposes of assessment, the interview of the child may be audio or video taped. If audio or video taping is conducted, the following standards shall be followed:
1. Any interview of a child concerning a referral of child abuse may be audio taped or video taped as set forth in Section 19-3-308.5, C.R.S.
2. The audiotaped or videotaped interview shall be conducted by a competent interviewer and may be conducted at the child advocacy center, as defined in Section 19-1-103(19.5), C.R.S., that has a Memorandum of Understanding with the county department responsible for the assessment or by a competent interviewer for the county department, except that an interview shall not be videotaped when doing so is impracticable under the circumstances or will result in trauma to the child, as determined by the county department.
3. The child shall be advised that audio or video taping of the interview is to be conducted and the advisement shall be documented. If the child objects to video taping of the assessment, such taping shall not be conducted by the county department.
4. If it is the county department's policy to routinely video or audio tape interviews, and an exception is made, the reason for the exception shall be noted in the record.
5. When there is a request by any party to the action to view or listen to an audio or video tape, the child or the guardian ad litem shall be notified in advance of the request, when possible.
6. Access to these tapes shall be subject to the rules of discovery and governed by the confidentiality provisions under Section 7.000.72.
7.202.53 Safety Intervention Model [Rev. eff. 3/2/13]
The Safety Intervention Model is defined as the actions and decisions required throughout involvement to:
A. Identify and assess threats to child safety;
B. Plan for an unsafe child or children to be protected;
C. Facilitate caregivers in taking responsibility for child protection; and,
D. Manage plans designed to assure child safety while a safe and permanent home is established.
7.202.531 Child Safety at Initial Contact [Rev. eff. 3/2/13]
A. At the point of first contact with the alleged child victim(s), the assessment shall focus immediately on whether a child is unsafe.
B. To assess for safety, county departments shall consider the safety threshold criteria, the fifteen safety concerns, and caregiver protective capacities.
C. If the child is unsafe, the caseworker shall analyze whether an in-home safety plan can reasonably be expected to control safety concerns and either develop a safety plan as described in Section 7.202.534 or, if necessary, initiate an out-of-home placement.
D. The safety plan creates protection for a child and shall include reasonable means by which child safety can be assured while safety assessment continues.
E. In the first thirty (30) calendar days of a Family Assessment Response, upon supervisory approval, the caseworker may change tracks to a High Risk Assessment to assess, attain or maintain child safety due to lack of cooperation or additional information gathered during the assessment, or if requested to do so by the person(s) alleged as responsible for the abuse/neglect. This change will be made in the State automated case management system and all information entered to date will be transferred.
F. If at any point the safety becomes unmanageable in a Family Assessment Response, the caseworker, with approval from the supervisor, may open a case and/or request court orders. If at any point new information is gathered that contains information defined in Section 7.202.4, G, a new referral shall be generated.
7.202.532 Parameters for Use of the Colorado Safety Assessment Instrument [Rev. eff. 3/2/13]
A. Completion of the Colorado Safety Assessment Instrument is required:
1. As part of an assessment including when there are new allegations on an open child protective services case;
2. Whenever there is a significant change in family circumstances or situations that might pose a new or renewed threat to child safety;
3. Prior to reunification; and,
4. Prior to supervisory approval for closing services.
B. Completion of the Colorado Safety Assessment Instrument is required for all Program Area 5 referrals being assessed, except:
1. Institutional abuse assessments, as described in Section 7.202.55.
2. Third party assessments, as described in Section 7.202.56.
3. Fatality assessments when there are no surviving siblings.
4. When caregivers have abandoned the child.
5. When there is clear evidence that there is no incident of child abuse or neglect, documentation in the State automated case management system shall include the reason for making this decision, initial contact with the alleged victim, and person responsible for abuse or neglect.
C. The responses to the Colorado Safety Assessment Instrument shall be documented in the State automated case management system and shall identify any safety concerns that are or were present during the assessment. Documentation is required within thirty (30) calendar days from the date the referral was received.
7.202.533 The Colorado Safety Assessment Instrument
A. The following safety threshold criteria must be present to determine that a safety concern exists. Meeting these criteria indicates that the family’s behavior, condition or situation threatens the safety of a child.
1. The threat to child safety is specific and observable.
2. Conditions reasonably could result in moderate to severe harm to a child.
3. This harm is likely to occur if not resolved.
4. A child is vulnerable to the threat of harm due to his/her age, developmental level, cognitive impairment, physical disability, illness, ability to communicate, ability to meet basic needs, or similar factors.
5. The caregiver(s) is unable to control conditions and behavior that threaten child safety.
B. County departments shall assess for child safety using the fifteen (15) standardized safety concerns. The fifteen standardized safety concerns are as follows:
1. Caregiver(s) in the home is out of control and/or violent.
2. Caregiver(s) describes or acts toward child in predominately negative terms and/or has unrealistic expectations likely to cause moderate to severe harm.
3. Caregiver(s) has caused harm to the child or has made a credible threat of harm.
4. Caregiver(s)’ explanations of injuries present are unconvincing.
5. The caregiver(s) refuses access to the child or there is reason to believe that the family will flee.
6. Caregiver(s) is unwilling or unable to meet the child's immediate needs for food, clothing, and shelter.
7. Caregiver(s) is unwilling or unable to meet the child's significant medical or mental health care needs.
8. Caregiver(s) has not or is unable to provide sufficient supervision to protect child from potentially moderate to severe harm.
9. Child is fearful of caregiver(s), other family members, or other people living in, or having access to, the home.
10. Child's physical living conditions seriously endanger the child’s immediate health and safety.
11. Caregiver(s)’ alleged or observed substance use may seriously affect ability to supervise, protect or care for the child.
12. Child sexual abuse is suspected and circumstances suggest that child safety is of immediate concern.
13. Caregiver(s)’ alleged or observed emotional instability, developmental delay or cognitive impairment seriously affects his/her ability to supervise, protect, or care for the child.
14. Domestic violence exists in the home and places the child in danger of physical and/or emotional harm.
15. Caregiver(s) has previously abused or neglected a child or is suspected of such, and the severity of the past maltreatment or caregiver’s response to previous intervention suggests the child may be unsafe.
C. The list of safety concern definitions shall be referenced when assessing threats to child safety and prior to checking safety concerns in the Colorado Safety Assessment Instrument.
D. Safety Assessment Conclusion
1. If none of the fifteen (15) safety concerns are identified at the conclusion of the safety assessment process, then it is reasonable to conclude that the child is safe and no further safety intervention is required.
2. If assessment of the child and family determines that the child is safe and emergency out-of-home placement occurred prior to the completion of the safety assessment, efforts should be made to return responsibility for the child’s safety back to the caregiver(s).
3. If assessment of the child and family determines that the child is unsafe, analysis and planning are necessary.
4. The caregiver protective capacity shall be assessed to determine whether a caregiver has the capacity and willingness to assure the child’s protection and, if so, no further safety intervention is necessary. If the caregiver is unwilling or the protective capacity is insufficient to assure the child’s protection, then further analysis and planning are necessary.
E. Safety Intervention Analysis
To determine whether an in-home safety plan can sufficiently manage the safety concerns, consider and document how the following are met:
1. The home environment is stable enough to support an in-home safety plan;
2. Caregivers are willing to accept and cooperate with the use of an in-home safety plan; and,
3. Resources are accessible and the level of effort required is available to sufficiently control safety concerns without it being necessary to rely on the person responsible for abuse/neglect to initiate protective actions.
7.202.534 Safety Planning and Documentation [Rev. eff. 3/2/13]
A. Safety plans do not have to be developed if the safety analysis results in a decision that out-of home placement is the only plan that is sufficient to control safety concerns.
B. A safety plan shall be developed for all situations in which an in-home safety plan can reasonably be expected to control safety concerns. It shall be documented in the State automated case management system. All children in the household assessed to be unsafe shall be included in one plan.
C. Safety plans shall include the following:
1. Safety responses that are the least restrictive response for assuring safety;
2. Safety responses that have an immediate impact on controlling safety concerns;
3. Description of actions to be taken that address each specific safety concern, including frequency of each action and who is responsible for each action;
4. Safety response(s) that are readily accessible at the level required to assure safety;
5. Identification of each family member and safety management provider participating in the plan;
6. Parental acknowledgement of safety concerns and a willingness to participate in the safety plan; and;
7. Caseworker activities to oversee the safety plan.
D. Parents, caregivers, and others who are a part of a safety plan shall sign the safety plan and receive a copy, and the signatures and paper form shall be retained in the file.
E. The safety plan shall be documented in the State automated case management system within thirty (30) calendar days from the date the referral was received.
7.202.54 Colorado Family Risk Assessment [Rev. eff. 3/2/13]
A. The assessment shall include use of the risk assessment instrument to:
1. Determine risk for future abuse or neglect, and
2. Aid in determining if case services should be provided, and
3. Aid in determining the appropriate level of case services.
B. The risk assessment instrument is required for all Program Area 5 assessments except:
1. Institutional abuse assessment,
2. Third party assessment,
3. Fatality assessment when there are no surviving siblings,
4. When caregivers have abandoned the child,
5. When the assessment determined no basis for the allegations.
C. The risk assessment instrument shall address the following factors:
1. Current type of allegation,
2. Previous child welfare assessments, services, and placement,
3. Number of children in household,
4. Age of youngest child in household,
5. Primary caregiver’s description of incident,
6. Primary caregiver’s provision of physical care or supervision,
7. Caregiver(s)’ use of alcohol and controlled substances,
8. Characteristics of children in the household,
9. Recent or historical domestic violence in the household,
10. Caregiver(s)’ history of homelessness and mental health treatment,
11. Primary caregiver’s history of abuse or neglect as a child,
12. Caregiver(s)’ use of excessive/inappropriate discipline,
13. Caregiver(s)’ involvement in disruptive/volatile adult relationships.
D. The risk assessment instrument is to be completed in the State automated case management system within thirty (30) calendar days from the date the referral was received.
7.202.55 Institutional Abuse or Neglect Investigations [Rev. eff. 3/2/13]
Institutional abuse or neglect assessments shall:
A. Include those referrals of alleged child abuse or neglect by staff in any private or public facility that provides out-of-home child care, including twenty-four (24) hour care and child care homes and centers.
B. Not include abuse or neglect that occurs in public, private, and parochial schools and preschools operated in connection with those schools, except when those schools provide extended day services and abuse or neglect occurs during that time. Those instances shall be considered as institutional abuse and assessed accordingly.
C. Be the responsibility of the county department of social services in which the facility named in the referral is located and shall follow the High Risk Assessment track protocol.
D. Be conducted in those cases in which an allegation of abuse or neglect is made. A referral of a minor injury resulting from physical restraint shall not, by itself, require a full assessment unless there are surrounding circumstances that would indicate abusive or neglectful behavior by the care provider. Such circumstances include those referrals in which someone is specifically alleging the behavior to be abusive or those referrals in which there has been a pattern of frequent injuries by the same caretaker or of similar incidents in the same facility.
E. Be conducted by a qualified and disinterested party in those situations in which the county department is the supervisory agency, such as for certified county foster and group homes. Such an assessment shall be arranged for by the responsible county department with either another county department, another agency within the community who accepts delegated responsibility, or a disinterested and qualified staff person within the county department.
F. The county department shall assign priority in response time using the criteria set forth in Section7.202.41, A.
G. Include notification within one working day after receipt of the referral to the licensing authority or certifying unit regarding the receipt of a child maltreatment referral in an out-of-home or day care setting.
H. Include in the referral as much of the following information as possible from the reporting party and records:
1. Name, address and present specific location of the alleged child/ren victim(s).
2. Child/ren's age and the nature and extent of the injuries
3. Time, date, location and witness(es) of the incident.
4. Any indication that other children in the institution are or have been injured, abused, neglected, and if so, their names addresses and current location.
5. Any other information which might be helpful in establishing the cause of the injury, abuse and/or neglect.
6. Name, address and telephone number of the institution and whether there is an after-hours telephone number for the institution.
7. Name and address of the agency holding legal custody of the child/ren.
8. Name and address of the child/ren's parent(s)/guardian(s).
9. Name, address and present location of the person(s) alleged to be responsible for an incident of child abuse or neglect. If the person(s) is a staff person(s), determine if the person(s) is still on duty or off duty. If the person(s) is another resident, determine where he/she is at the time this information is obtained.
10. Determine if the institution has been apprised of the allegation and if so, what action(s) may have been taken by the institution, such as:
a. Notification of the custodial county/agency.
b. Notification of the parent(s) guardians.
c. Separation of the victim(s) from the alleged person responsible for child abuse or neglect.
d. Provision of medical treatment, and if no medical treatment has been provided whether in the reporter's opinion, an injury was sustained which would constitute a medical emergency.
11. Both historical and current information regarding the child/ren, the facility and the person(s) alleged to be responsible for the abuse or neglect.
I. Be assessed in the following manner:
1. Interview alleged victim/s
a. Child/ren shall be interviewed in a setting which is as neutral as possible and where confidentiality can be maintained.
b. Child/ren shall not be taken off the grounds for the interview unless the county department of social services has court ordered custody or law enforcement has taken the child into protective custody.
c. Person(s) allegedly responsible for child abuse or neglect and other related parties (i.e., foster parents, spouse or other facility staff) shall not be allowed to be present during the interview with the child/ren.
d. The county department of social services shall, if necessary, obtain a court order to access the child/ren if the facility refuses access.
e. The assessing workers shall determine if there are other victims not named in the referral and shall immediately assess the safety of those victims.
f. Names and addresses of any other alleged victims who may no longer be in the facility shall be obtained and interviewed, if appropriate.
2. Interview witnesses, including children and staff.
3. Interview other facility staff who may have additional information.
4. Interview the person(s) allegedly responsible for abuse or neglect after the child/ren and witnesses have been interviewed by either law enforcement or social services.
5. Obtain a detailed description of the incident and of the injuries and an assessment of the appropriateness of physical management/restraint if this was involved.
J. Require notification of:
1. Custodial agencies, including county departments, other states, and appropriate divisions of the Department of Human Services. Custodial agencies:
a. Shall be notified immediately if there are safety issues or if an injury requires medical treatment.
b. Shall be notified following completion of the assessment if the child in their custody was the subject of a referral or if the assessment reveals concerns regarding the child care practices which could negatively impact their child/ren.
2. Licensing authority or certifying unit shall be notified the next working day if the assessment indicates there is an immediate threat to the child/ren's health, safety, or welfare.
3. Parents/legal guardians of alleged victim(s). Notification shall occur:
a. By the custodial counties when alleged abuse occurs in out-of-home care setting.
b. By the assessing county when there is no custodial county.
c. By the assessing county when alleged abuse occurs in less than twenty-four (24) hour child care with notification provided prior to an interview with child/ren, where possible.
d. When an assessment is being or has been conducted on a referral of abuse and/or neglect, and shall include the nature of the alleged abuse and the findings of the assessment.
e. If circumstances do not allow for direct contact, then notification of the allegations and findings shall be provided in writing.
4. Parents or legal guardians of uninvolved children in less than twenty-four (24) hour licensed child care settings shall be given notice of an assessment within seventy-two (72) hours when it has been determined by the State or county department that:
a. The incident of alleged child abuse or neglect that prompted the assessment is at the level of a moderate, severe, or fatal incident of abuse or neglect, as defined by rule at Sections 7.202.601, D, 1, b, c, d, and 7.202.601, D, 2, b, c, d, or involves sexual abuse;
b. Notice to the parents or legal guardians of the uninvolved children is essential to the assessment of the specific allegation or is necessary for the safety of children cared for at the facility; and,
c. A determination has been made and a State Department or county department supervisor has provided written approval of the determination for which basis and approval may be in electronic form.
5. Director of facility:
a. Shall be apprised of the allegation.
b. Shall be advised regarding the results of the assessment and provided a verbal report immediately once a determination is made. If the county department is unable to make a determination regarding the person(s) allegedly responsible for child abuse or neglect, the director shall also be advised so that decisions regarding the continued employment of the employee can be made by the facility.
K. Require the submission of a written report by the assessing county within sixty (60) calendar days after the initial receipt of the referral of child abuse or neglect.
1. The report shall be sent to:
a. To the facility administrator/director.
b. The agency with licensing/certifying authority.
c. To the Institutional Abuse Review Team, the Department’s twenty-four (24) hour monitoring team, and the Division of Child Care when the incident involves a twenty-four (24) hour care facility.
d. To the same custodial counties as required in Subsection J, 1, above.
2. The report shall include at a minimum the following information:
a. Name(s) of person(s) allegedly responsible for an incident of child abuse or neglect.
b. The child's name, age, and length of time he/she has been in placement.
c. The name of the facility and the county in which it is located.
d. The name of director/administrator.
e. The approximate number of children served.
f. The age range of children served and type of children served (e.g., child with developmental disabilities).
g. A summary of what the assessment involved, including a list of the individuals interviewed.
h. A summary of findings/conclusions and the information on which they are based.
i. A summary of the recommendations and/or need for an identified corrective or remedial action.
7.202.56 Third Party Abuse or Neglect Report Requirements [Rev. eff. 3/2/13]
Third party abuse or neglect referrals shall:
A. Include any referrals of alleged abuse or neglect by a person who is not relating to the child in the contexts described in the previous intrafamilial or institutional abuse sections.
B. Be forwarded immediately by the county department to the appropriate law enforcement agency for screening and investigation in all referrals in which the abuse or neglect was by a third party age ten or over.
In those referrals in which child abuse or neglect is alleged to have occurred by a child under the age of 10, the county department shall be the agency responsible for the assessment. The assessment shall focus on:
1. Whether or not the incident occurred;
2. The entire situation including the actions or omissions of adults who are responsible for care of the children involved; and,
3. Any interventions that may be necessary to secure safety and address treatment needs.
C. Be followed by receipt by the county department of a copy of the report summarizing the investigation that was conducted by law enforcement. The investigation report shall be the basis upon which the county department enters a founded finding of child abuse or neglect into the State automated case management system pursuant to Section 7.202.6.
7.202.57 Conclusion of Investigation [Rev. eff. 3/2/13]
A. A High Risk Assessment shall be completed within thirty (30) calendar days of the date the referral was received, unless there are circumstances which have prevented this from occurring. Such circumstances shall be documented in the State automated case management system.
1. The caseworker shall request and document in the assessment extension window of the State automated case management system the primary reason(s) for the extension prior to the expiration of the thirty (30) day closure requirement, and
2. The approving supervisor shall document within seven (7) calendar days in the assessment extension window of the State automated case management system the time limited extension(s) to the thirty (30) calendar days closure requirement including the rationale and the time frame for the extension(s).
B. In a Family Assessment Response, the assessment phase shall not exceed sixty (60) calendar days from the date the referral was received. Once services are identified or the assessment has reached sixty-one (61) days, the Family Assessment Response is considered to be in the service phase, and a Family Assessment Response service plan shall be completed in collaboration with the family that identifies the agreed upon services, the steps to be accomplished in accessing services, by what party, and time frames for implementation.
C. The county department shall document the completed assessment in the State automated case management system and supervisors shall approve the closure of the assessment.
D. Services provided beyond sixty (60) calendar days of the receipt of the referral shall be open for services based on either the family's agreement to accept services or court order.
E. Regardless of the outcome of the assessment and as allowable by law, the county department shall notify:
1. The involved child's family of the outcome of the assessment;
2. The person alleged to be responsible for the abuse or neglect of the outcome of the assessment; and,
3. The specified mandatory reporting party, identified in Section 7.202.4, D, of the name of the child and the date of the referral; whether the referral was accepted for assessment; whether the referral was closed without services; whether the assessment resulted in services related to the safety of the child; the name of and contact information for the county caseworker responsible for the assessment; and the county procedure for requesting updated information within ninety (90) calendar days after the county department received the referral.
4. Where applicable, its local licensing unit, the director or administrator of the facility, the agency with licensing or certifying authority and the State Department of Human Services' Division of Child Welfare and Division of Early Care and Learning, if the abuse or neglect assessment involved a state-licensed or county-certified facility. Regardless of the track, the referral and assessment may be used for investigations and licensing action where the referral involves a licensed child care provider as defined in the Child Care Licensing Act.
7.202.6 REQUIREMENTS CONCERNING COUNTY ENTRY OF FOUNDED FINDINGS OF CHILD ABUSE AND NEGLECT INTO THE STATE AUTOMATED CASE MANAGEMENT SYSTEM AND PROCESSES TO APPEAL THE FOUNDED FINDING [Rev. eff. 3/2/13]
When the assessment of a referral of suspected child abuse or neglect results in a founded finding of child abuse or neglect by a preponderance of evidence, the county department shall enter the founded finding of child abuse or neglect into the State automated case management system no later than 60 calendar days after receipt of the referral, unless a county elects to implement Section 19-3-309.5, C.R.S., and defer entering a founded finding of child abuse or neglect into the State automated casae management system, and enter into a pre-confirmation agreement (known as a safety plan agreement, as authorized pursuant to Section 19-3-309.5, C.R.S.).
A. The county may follow the deferral process in the following circumstances:
1. When the person has had no previous allegations of abuse or neglect assessed; and,
2. When the child abuse or neglect that the person is found to be responsible for is at the level of minor incident of abuse or neglect, pursuant to Sections 7.202.601, D, 1, a and 7.202.601, D, 2, a; and,
3. When the person and the county department decide on a mutually agreeable method for resolving the issues related to the referral; and,
4. When the requirements set forth in the pre-confirmation agreement for resolving the issues related to the referral of child abuse or neglect can be completed within sixty days after the receipt of the referral.
B. Counties are not obligated to enter into any agreements to defer entering a founded finding of child abuse or neglect into the State automated case management system.
C. The pre-confirmation agreement shall be in writing and signed by the caseworker and the person found to be responsible for the abuse or neglect of the child, and reviewed by the supervisor.
D. Upon deciding to enter into the deferral process, the county department shall document the decision in the State automated case management system.
E. If the person who is found to be responsible for abuse or neglect completes the agreement, as determined by the county department, the county department shall make an individual finding of "deferred" with an overall finding of founded into the State automated case management system regarding the referral of child abuse or neglect related to the incident assessed.
F. If the person who is found to be responsible for the abuse or neglect does not complete the agreement, as determined by the county department, the county department shall make an entry for the individual and overall finding of "founded" into the State automated case management system regarding child abuse or neglect related to the incident assessed.
7.202.601 Definitions [Rev. eff. 3/2/13]
In addition to the definitions set forth in Section 7.202.3, the following definitions are applicable to the submission of founded reports of abuse and neglect by the county department to the State Department.
A. "Authorized caregiver", as used in these rules, means an individual or agency authorized by a parent, guardian or custodian to provide care to a child and who agrees to provide such care. The authorization may be on a temporary basis and need not be in writing unless otherwise required by law.
B. "Child in need of services" includes a child who receives services regardless of whether the services are court ordered, county provided or voluntarily arranged by the family, or a child who needs services even if the services are not provided.
C. "Environment injurious to the welfare of a child" means that the environment caused injuries to the welfare of the child or reasonably could be foreseen as threatening to the welfare of the child and is in control of the parent, guardian, custodian or authorized caregiver.
D. "Severity level" means the assessment of the harm to the child victim or the act of abuse or neglect as minor, moderate, severe or fatal as defined in these rules. Upon confirmation of the allegation(s) of abuse, neglect, or sexual abuse, the county department shall use the following definitions when determining the severity of the incidents:
1. Physical Abuse
a. "Minor physical abuse" means excessive or inappropriate force used resulting in a superficial injury;
b. "Moderate physical abuse" means excessive or inappropriate force used resulting in an injury that may require medical attention;
c. "Severe physical abuse" means excessive or inappropriate force used resulting in a serious injury that requires medical attention or hospitalization;
d. "Fatal physical abuse" means excessive or inappropriate force used resulting in a child’s death.
2. Neglect
a. "Minor neglect" means the physical or emotional needs of the child are marginally or inconsistently met, but there is little or no impact on the child’s functioning;
b. "Moderate neglect" means the physical or emotional needs of the child are inadequately met resulting in some impairment in the child’s functioning;
c. "Severe neglect" means the physical or emotional needs of the child are not met resulting in serious injury or illness;
d. "Fatal neglect" means the physical or emotional needs of the child are not met resulting in death.
3. Sexual abuse severity is to be determined based upon the type of contact, duration of contact, and the emotional impact upon the child.
7.202.602 Entering Founded Findings Reports of Child Abuse or Neglect [Rev. eff. 3/2/13]
In a High Risk Assessment or non-dual track counties, the county department shall enter the founded finding even if there is a criminal or civil proceeding pending against the person responsible arising out of the same incident. The reported data shall include the following:
A. The name, address, gender, date of birth, and race of the child(ren) victim(s);
B. The composition of the victim’s immediate family;
C. At a minimum, the name and last known mailing address of the person found to be responsible for the child abuse or neglect, and the date of birth and Social Security Number, if known;
D. The type of abuse or neglect;
E. The severity of the abuse or neglect;
F. Any previous incidents of child abuse or neglect of child or siblings;
G. The name(s) and address(es) of any person(s) responsible for previously founded abuse or neglect, if known;
H. The name of the source of the referral submitted to the county department, if known;
I. The county department that investigated the referral; and,
J. The date the suspected abuse or neglect referral was made to the county department and the date the county department made a founded finding of the abuse or neglect.
7.202.603 Notice to Law Enforcement and District Attorney [Rev. eff. 9/1/06]
The county department shall notify the local law enforcement agency and the District Attorney's Office of the founded report. No other entity shall receive notification unless otherwise authorized by law.
7.202.604 Notice to the Person Found to be Responsible for Child Abuse or Neglect [Rev. eff. 3/2/13]
A. The county department shall notify the person found responsible for child abuse or neglect of the finding by first-class mail to the responsible person's last known mailing address, using a form approved by the State Department. The county department shall retain a copy of the notice in the case file showing the date of mailing.
B. At a minimum, the notice shall include the following information:
1. The type and severity level of the abuse or neglect, the date the referral was made to the county department, which county department completed the assessment, the date the county made the finding in the State automated case management system, and information concerning persons or agencies that have access to the information.
2. The circumstances under which information contained in the State automated case management system will be provided to other individuals or agencies.
3. How to access the county’s dispute resolution process. Counties are authorized to offer a county dispute resolution process to persons alleged to be responsible for an incident of child abuse or neglect.
4. The right of the person found responsible to request a state level appeal as set forth in Section 7.202.605 through 7.202.608. The county shall provide the State Department approved appeal form to the person.
5. Notice that the scope of the appeal is limited to challenges that the finding(s) are not supported by a preponderance of the evidence or that the actions found to be child abuse or neglect do not meet the legal definitions of child abuse or neglect. The State Department will be responsible for defending the determination at the State level fair hearing.
6. A full explanation of all alternatives and deadlines contained in Sections 7.202.605 through 7.202.608.
7.202.605 State-Level Appeal Process [Rev. eff. 3/2/13]
A. Persons found responsible for an incident of child abuse or neglect by the county department shall have the right to a state level appeal to contest the finding. The request for appeal of the decision shall first be submitted to the State Department unit designated to handle such appeals. If the State Department and the Appellant are unable or unwilling to resolve the appeal in accordance with the provisions set forth below in this section, the State Department shall forward the appeal to the Office of Administrative Courts (OAC) to proceed to a fair hearing before an Administrative Law Judge (ALJ).
B. The grounds for appeal shall consist of the following:
1. The findings are not supported by a preponderance of credible evidence; or,
2. The actions ultimately found to be abusive or neglectful do not meet the statutory or regulatory definitions of child abuse or neglect.
C. The person found to be responsible for child abuse or neglect shall have ninety (90) calendar days from the date of the notice of founded finding to appeal the finding in writing to the State Department. The written appeal shall be submitted on the State approved form provided by the county and shall include:
1. The contact information for the Appellant;
2. A statement detailing the basis for the appeal; and,
3. The county department notice of finding of responsibility for child abuse or neglect.
D. The state level appeal process must be initiated by the person responsible for child abuse or neglect or his/her legal representative. The Appellant need not hire an attorney to appeal the county determination. If the individual is a minor child, the appeal may be initiated by his/her parents, legal custodian, or legal representative.
E. The appeal must be submitted to the State Department within ninety (90) calendar days of the date of the notice of founded finding. If the appeal is filed more than ninety (90) calendar days from the date of the notice of founded finding, the Appellant must show good cause for not appealing within the prescribed period as set forth in Section 7.202.3, E. Failure to request State review within this ninety-day period without good cause shall be grounds for the State Department to not accept the appeal.
F. The founded finding shall be utilized for safety and risk assessment, employment, and background screening by the State Department while the administrative appeal process is pending.
G. The Appellant shall have the right to appeal even if a dependency and neglect action or a criminal prosecution for child abuse is pending arising out of the same report. The State Department shall hold in abeyance the administrative process pending the outcome of the dependency and neglect or criminal action if requested by the Appellant or if the State Department determines that awaiting the outcome of the court case is in the best interest of the parties. If the Appellant objects to the continuance, the continuance shall not exceed one hundred eighty (180) days without the Appellant having the opportunity to seek review of the extended continuance by an Administrative Law Judge. The pendency of other court proceeding(s) shall be considered to be good cause to continue the appeal past the one hundred eighty (180) day timeframe.
H. The following circumstances shall be considered to be admissions to the factual basis of the finding of responsibility for child abuse or neglect entered into the State automated case management system and shall be considered to be conclusive evidence of the person’s responsibility for child abuse or neglect to support a motion for summary judgment submitted to the Office of Administrative Courts:
1. When a Dependency and Neglect Petition has been adjudicated against or a deferred adjudication entered against the Appellant on the basis of Sections 19-3-103 or 19-3-102 (1)(a), (b), or (c), C.R.S., arising out of the same factual basis as the founded finding in the State automated case management system; or,
2. The Appellant has been found guilty of child abuse, or has pled guilty or nolo contendere to child abuse as part of any plea agreement including, but not limited to, a deferred judgment agreement, arising out of the same factual basis as the founded finding in the State automated case management system.
3. The Appellant has been found guilty or has pled guilty or nolo contendere to a domestic violence related or alcohol traffic related offense arising out of the same factual basis as the founded report in the State automated case management system.
I. When an Appellant requests an appeal, the State Department shall request the records relied upon in making the finding from the county department responsible for entering the finding, which has been appealed. The county department shall submit the record to the State Department as soon as practicable within the time frame requested by the Department.
J. After the Appellant requests an appeal, the State Department shall inform the Appellant regarding the details of the appeal process, including timeframes and contact information.
1. The Appellant, as the party in interest, shall have access to the county record in order to proceed with the appeal. Appellant’s use of the county file for any other purpose is prohibited unless otherwise authorized by law.
2. Prior to providing access to the Appellant, the State Department shall redact identifying information contained in the county file to comply with state and federal law regarding the confidentiality of child abuse or neglect records or other protected information including, but not limited to, reporting party name(s) and addresses, Social Security Number, foster parent identifying information, and information pertaining to other parties in the case that the appellant does not have a legal right to access.
K. The State Department is authorized to enter into settlement negotiations with the Appellant as part of the litigation process. The State Department is authorized to enter into settlement agreements that modify, overturn or expunge the reports as reflected in the State portion of the State automated case management system. The State Department is not authorized to make any changes in the county portion of the State automated case management system. In exercising its discretion, the State Department shall take into consideration the best interests of children, the weight of the evidence, the severity of the abuse or neglect, any pattern of abuse or neglect reflected in the record, the results of any local court processes, the rehabilitation of the Appellant, and any other pertinent information.
L. The State Department and the Appellant shall have one hundred twenty (120) days from the date that the State Department receives the appeal to resolve the issue(s) on appeal. The 120 day time limit may be extended by agreement of both the Appellant and the State Department if it is likely that the additional time will result in a fully executed settlement agreement or resolution of the appeal.
M. As soon as it is evident within the 120 days that the Appellant and the State Department will not resolve the issue(s) on appeal, the State Department shall forward a copy of the Appellant’s original appeal document(s) to the Office of Administrative Courts in order to initiate the Office of Administrative Courts fair hearing process.
N. If, by the end of the 120 day period, the State Department has been unable to contact the Appellant using the information submitted by the Appellant, including by first class mail, and the Appellant has not contacted the State Department, the appeal shall be deemed abandoned. The finding entered by the county department shall be upheld in the State automated case management system without further right of appeal. The State Department shall notify the Appellant of this result by first class mail to the address submitted by the Appellant.
7.202.606 State Fair Hearing Before the Office of Administrative Courts [Rev. eff. 3/2/13]
A. When the Office of Administrative Courts receives the appeal documents from the State Department, the Office of Administrative Courts shall docket the appeal and enter a procedural order to the parties indicating the following:
1. The date and time for a telephone scheduling conference with the parties.
2. During the telephone scheduling conference, the Office of Administrative Courts shall determine the date for the hearing. Following the scheduling conference, the Office of Administrative Courts will issue a further procedural order and notice of hearing. The order/notice will contain the hearing date, the fourteen (14) day deadline for the notice of issues, the fourteen (14) day deadline for response and deadline for filing pre-hearing statements. Any party requiring an extension or modification of any of the deadlines in the order may file a request with the Administrative Law Judge.
3. The notice of issues shall include the following:
a. The specific allegations(s) that form the basis of the county department’s finding that the Appellant was responsible for child abuse or neglect;
b. The specific type and severity of child abuse asserted against Appellant and the legal authority supporting the finding; and,
c. To the extent that the State Department determines that the facts contained in the State automated case management system support a modification of the type or severity of child abuse or neglect determined by the county department, the State Department shall so notify the county department and the Appellant of that modification and the process shall proceed on the modified finding(s).
4. The Appellant shall respond to the State Department’s submittal by providing the factual and legal basis supporting the appeal to the State Department and to the Office of Administrative Courts.
5. If the Appellant fails to participate in the scheduling conference referenced above or fails to submit the response referenced herein, the Office of Administrative Courts shall deem the appeal to have been abandoned by the Appellant and render an Initial Decision Dismissing Appeal. In accordance with the procedures set forth below, the Office of Appeals may reinstate the appeal for good cause shown by the Appellant.
6. In the event that either party fails to respond to a motion to dismiss filed in the appeal, the Administrative Law Judge shall not consider the motion to be confessed and shall render a decision based on the merits of the motion.
B. The Administrative Law Judge shall conduct the appeal in accordance with the Administrative Procedure Act, Section 24-4-105, C.R.S. The rights of the parties include:
1. The State Department shall have the burden of proof to establish the facts by a preponderance of the evidence and that the facts support the conclusion that the Appellant is responsible for the child abuse or neglect indicated in the notice of issues provided by the State Department. The State automated case management system is not the only acceptable evidence for establishing that the finding is supported by a preponderance of evidence;
2. Each party shall have the right to present his or her case or defense by oral and documentary evidence, to submit rebuttal evidence, and to conduct cross-examination;
3. Subject to these rights and requirements, where a hearing will be expedited and the interests of the parties will not be subsequently prejudiced thereby, the Administrative Law Judge may receive all or part of the evidence in written form or by oral stipulations;
4. A telephonic hearing may be conducted as an alternative to a face-to-face hearing unless either party requests a face-to-face hearing in writing. The written request for a face-to-face hearing must be filed with the Office of Administrative Courts and the other party at least ten (10) calendar days before the scheduled hearing. A request for a face-to-face hearing may necessitate the re-setting of the hearing; and,
5. Where facilities exist that have videoconferencing technology local to the county department that made the founded finding, either party may request that the hearing be conducted via that technology. The requesting party shall investigate the feasibility of this approach and shall submit a written request outlining the arrangements that could be made for video conference. The Office of Administrative Courts shall hold the hearing via videoconferencing for the convenience of the parties whenever requested and feasible. A request for a hearing via videoconferencing may necessitate the re-setting of the hearing.
C. At the conclusion of the hearing, unless the Administrative Law Judge allows additional time to submit documentation, the Administrative Law Judge shall take the matter under advisement. After considering all the relevant evidence presented by the parties, the Administrative Law Judge shall render an Initial Decision for review by the Colorado Department of Human Services, Office of Appeals.
D. The Initial Decision shall uphold, modify or overturn/reverse the county finding. The Administrative Law Judge shall have the authority to modify the type and severity level of the child abuse or neglect finding to meet the evidence provided at the hearing. The Administrative Law Judge shall not order the county to modify its record; rather, the State Department shall indicate the outcome of the appeal in its portion of the State automated case management system.
E. When an Appellant fails to appear at a duly scheduled hearing having been given proper notice, without having given timely advance notice to the Office of Administrative Courts of acceptable good cause for inability to appear at the hearing at the time, date and place specified in the notice of hearing, then the appeal shall be considered abandoned and the Administrative Law Judge shall enter an Initial Decision Dismissing Appeal. In accordance with the procedures set forth in Section 7.202.608, the Office of Appeals may reinstate the appeal for good cause shown by the Appellant.
7.202.607 Transition to the New Appeal Process [Rev. eff. 3/2/13]
A. On or after March 31, 2011, all new appeals shall be submitted to the Colorado Department of Human Services section authorized by the Executive Director to process these appeals, using the State approved appeal form provided to individuals who have been found responsible for an incident of child abuse or neglect.
B. If an individual submits a request for a record review or a fair hearing directly to the Office of Administrative Courts on or after March 31, 2011, the Office of Administrative Courts shall not begin to process that appeal and shall, instead, transfer the appeal request to the Colorado Department of Human Services section authorized by the Executive Director to process these appeals.
C. If an individual requested a fair hearing before an Administrative Law Judge prior to the effective date of these rules, that appeal shall continue in accordance with the rule provisions in effect at the time that the request was received by the Office of Administrative Courts.
D. If an individual requested a record review by an Administrative Law Judge prior to the effective date of these rules and the matter has not yet reached the decision stage by the Administrative Law Judge, the individual shall be notified that she/he has the option of requesting the Department to process the appeal under the revised process.
7.202.608 State Department Office of Appeals Functions [Rev. eff. 3/2/13]
A. Review of the Initial Decision and hearing record and entry of the Final Agency Decision shall be pursuant to State rules at Sections 3.850.72 - 3.850.73 (9 CCR 2503-8).
B. Review shall be conducted by a State adjudicator in the Office of Appeals not directly involved in any prior review of the county report being appealed.
C. The Final Agency Decision shall advise the Appellant of his/her right to seek judicial review in the State District Court, City and County of Denver, if the Appellant had timely filed Exceptions to the Initial Decision.
D. If the Appellant seeks judicial review of the Final Agency Decision, the State Department shall be responsible for defending the Final Agency Decision on judicial review.
E. In any action in any court challenging a county’s founded finding of child abuse or neglect, the State Department will defend the statutes, rules, and state-mandated procedures leading up to the finding, and will defend all county actions that are consistent with statutes, rules, and state-mandated procedures. The State Department shall not be responsible for defending the county department for actions that are alleged to be in violation of, or inconsistent with, state statutes, state rules or state-mandated procedures.
7.202.609 Confidentiality of Appeal Records [Rev. eff. 9/1/06]
A. All records submitted by the parties as part of the State level appeal process and all notices, orders, agency notes created by or made part of the State Department’s agency record shall be confidential and shall not be released or disclosed unless such release or disclosure is permitted by the applicable State statutes or Section 7.000.72 (12 CCR 2509-1).
B. Initial and Final Agency Decisions where information identifying the Appellant, victim(s), other family members, or other minors have been blocked out may be released to the public.
7.202.61 Child Protection Teams [Rev. eff. 3/2/13]
A county department of social services receiving fifty (50) or more referrals of child abuse and neglect per year shall have a multi-disciplinary child protection team in accordance with Sections 19-1-103(22) and 19-3-308(6), C.R.S.
7.202.62 Provision of Ongoing Child Protection Services (CPS) [Rev. eff. 3/2/13]
A. If a safety plan exists, the assigned caseworker and supervisor shall review it as the first step in ongoing services planning.
B. Ongoing child protection services shall be based on the safety and risk issues identified in the safety assessment instrument and plan, risk assessment instrument, and in the family social history and assessment summary in the Family Services Plan. Services shall be provided to protect the child(ren) or youth from further abuse or neglect through building parental capabilities and increasing parental involvement. This shall be accomplished in a manner that preserves the family when this can safely be done. When the family from whom the child(ren) or youth were removed cannot safely be preserved, services shall be provided that preserve the child(ren)'s or youth’s continuity within the extended family and/or home community when feasible. When the child(ren) or youth cannot safely return to the family from whom they were removed, services shall be provided to achieve an alternative permanent plan that provides for a child(ren)'s or youth’s safety and well-being in a timely manner.
C. At the point of case transfer, county departments shall assure that pertinent information regarding child safety, permanency, and well-being are translated to the new assigned caseworker. This shall be accomplished through any of the following methods, in a descending order of preference, based on the nature of the case and the workload ability of the county department:
1. Decision-making meeting involving caseworkers and/or supervisors, family and community providers.
2. Staffing between caseworkers and/or supervisors.
3. Written transfer summary.
D. The county department shall complete the safety assessment instrument consistent with requirements outlined in Section 7.202.53.
E. The county department shall complete the Colorado Family Risk Assessment instrument prior to case closure on all Program Area 5 cases for which remaining at home or reunification was the permanency goal identified in the State automated case management system. The Colorado Family Risk Assessment instrument shall be documented in the State automated case management system and address the following factors:
1. Prior assessments;
2. Household has previously received child protective services;
3. Number of children or youth in the household;
4. Age of youngest child in the household;
5. New assessments since the initial risk assessment;
6. Either caregiver has a current substance use problem;
7. Disruptive/volatile adult relationships in the household;
8. Caregiver’s ability to provide physical care/supervision to children or youth;
9. Primary caregiver’s use of treatment/training programs; and,
10. Secondary caregiver’s use of treatment/training programs.
All of the information from the risk assessment and risk reassessment instruments shall be used to assess the degree to which parental capacities have been enhanced, risks reduced, and links to the community have been established in order to support case closure.
F. Monthly Contact
The primary purpose for case contacts shall be to assure child safety and well-being and move the case toward achieving identified treatment goals. Documentation in the State automated case management system of at least one monthly contact shall summarize progress toward these goals. In child protection cases in which the children or youth remain in the home and in child protection cases in which the children or youth are placed out of the home, the county department shall have face-to-face and telephone contact with the children or youth and parents and relevant collateral contacts as often as needed (while meeting the minimum expectations below) to reasonably attempt to assure the safety, permanency and well-being of the children.
1. A face-to-face contact with a parent, or the guardian to whom the child or youth shall return, or with a child or youth is defined as an in-person contact for the purpose of observation, conversation, intervention or interview about substantive case issues, such as safety, risk and needs assessment, safety and treatment planning that may help to reduce future risk of abuse and neglect, service agreement development and/or progress.
2. The primary purposes for county department contacts with parents are to assess the parent(s)’ ability to provide safety for the child or youth and make progress toward treatment plan goals. When a child protection case remains open with the county department, the county department shall maintain sufficient contact with parents or the guardian with whom the child or youth resides, or to whom the child or youth shall return, to lead to timely resolution of child safety issues and to move the case toward timely resolution of treatment plan goals. Such contact shall occur at least monthly and at least every other month there shall be face-to-face contact. Such contacts shall occur with parents at least until a motion for termination of parental rights is filed, in cases in which the child is not living in the home or in which it is no longer planned that the child will return home.
3. The primary purpose for child or youth contacts is to assure the child’s safety and well-being regardless of the reason the case is open with the county department. For in-home cases, the county department shall have at least monthly face-to-face contact with children or youth participating as a child in the case.
4. For the frequency of contact of children and youth in out-of-home placement, see Section 7.001.6, B (12 CCR 2509-1).
5. For all other types of contacts, the purpose of the contacts shall be determined by the stage of the case, by the level of safety, risk and needs of the case, and according to whether or not the county department representative is the primary service provider. In cases in which there are individuals and/or someone from another or other agencies who has/have the primary therapeutic relationship with the parent and/or the child or youth, these parties may be designated by the county department to fulfill additional contacts beyond the minimum contacts described above when additional contacts are needed to reasonably assure the safety, permanency and well-being of the child(ren) or youth in the case.
6. All case contacts with parents and child(ren) or youth by the county department shall be recorded in the State automated case management system, and shall reflect how the purpose of the visit was accomplished.
7. In exceptional situations, if the minimum case contacts are not able to be provided by the county in any given month, those reasons shall be documented by the county in the case file.
8. If direct contact is impossible due to the child’s location, the following information shall be documented in the State automated case management system indicating:
a. The case circumstances, including why the direct contact is not possible.
b. How the contact shall occur.
c. How the county department shall monitor progress.
9. All case contacts by parties designated by the county department, beyond the minimum contacts described above, to provide assessment, treatment and/or monitoring of the parents and children or youth, shall be recorded in the case file. The county department shall have the responsibility to determine that such needed contacts have occurred.
G. The county department shall provide courtesy supervision services when requested by another county or state when there is court jurisdiction and such services must continue in order to protect the child or youth. In cases where there is no court jurisdiction, the receiving county shall conduct an assessment to determine if services are needed in order to protect the child or youth. Services shall be provided if indicated. Other services include:
1. The requirement to utilize Interstate Compact on the Placement of Children (ICPC) procedures to obtain courtesy supervision shall not be used by a county to deny a request from another state to provide assessment of a child’s safety.
2. When there is court jurisdiction, Interstate Compact on the Placement of Children procedures shall be followed by the sending state in order to obtain courtesy supervision of a case in Colorado.
3. The contacts requirements in Section 7.202.62, F, shall apply to cases being provided courtesy supervision when there is court jurisdiction and also for voluntary cases for which it is determined that services are indicated.
H. If a child protection service client for whom services are still needed moves to another county or state, the county or state of current residence should be notified within ten days and provided with written appropriate, relevant information. Change in venue procedures as outlined in Section 7.304.4 (12 CCR 2509-4), shall be followed. If there is no court order for services, the receiving county shall provide outreach and assessment services up to sixty (60) calendar days. If during the sixty calendar days period it is determined that further services are not indicated or the family is unwilling to accept services, the receiving county shall close the case.
I. All Program Area 5 cases shall remain in that Program Area as long as the child or youth is at risk for abuse/neglect and the case plan is to reunify the family. Cases on appeal for termination of parent-child legal relationship shall remain in Program Area 5 until the termination is finalized.
7.202.7 SPECIAL CATEGORIES OF INVESTIGATIONS
7.202.71 Assessment of Referrals of Medical Neglect of Infants with Disabilities [Rev. eff. 3/2/13]
Definitions
A. "Withholding of Medically-Indicated Treatment" - means the failure to respond to the infant's life-threatening conditions by providing treatment (including appropriate nutrition, hydration, and medication) that, in the treating physician's reasonable medical judgment, will be most likely to be effective in improving or correcting all such conditions. The term does not include, however, the failure to provide treatment to an infant (other than appropriate nutrition, hydration or medication) when, in the treating physician's (or physicians') reasonable medical judgment any of the following circumstances apply:
1. The infant is chronically and irreversibly comatose;
2. The provision of treatment would merely prolong dying, not be effective in improving or correcting all of the infant's life-threatening conditions, or otherwise be futile in terms of the survival of the infant;
3. The provision of treatment would be virtually futile in terms of the survival of the infant and the treatment itself under such circumstances would be inhumane.
B. "Reasonable Medical Judgment" - is a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.
C. "Infant with a Disability" - is a child less than one year of age who was born with a life-threatening condition and who may have additional non-lethal physical or mental disabilities. The definition includes children over the age of one year who have been continuously hospitalized since birth, who were born extremely premature, or who have a long-term disability. These procedures do not imply that treatment should be changed or stopped when an infant reaches one year of age. The primary population to be addressed in these regulations is that of the hospitalized infant. Any other situations involving medical neglect of children will be provided for under the existing protections of the Colorado Children's Code regarding medical care of children.
D. "Designated Hospital Liaison" - is the person named by the hospital or health care facility to act as the contact with the county department in all aspects of cases of suspected withholding of medically-indicated treatment from infants with disabilities and with life threatening conditions.
E. "Hospital Review Committee (H.R.C.)" - is an entity established to deal with medical and ethical dilemmas arising in the care of patients within a hospital or health care facility. Where they exist, the committee may take many organizational forms, such as an "infant care review committee" or an "institutional-bioethics committee." The functions for a committee may differ from institution to institution, including the authorization to review and recommend treatment in specific cases.
7.202.72 County Procedures for Assessment of Referrals of Medical Neglect of Infants with Disabilities [Rev. eff. 3/2/13]
A. The county department responsible for coordinating the assessment of a referral of medical neglect shall be the county in which the parents of the hospitalized infant reside. If the parent's residence cannot be determined, the county department in which the hospital is located shall assume responsibility.
B. The county department shall work with medical organizations, hospitals, and health care facilities to implement procedures that ensure a timely response and resolution of referrals of medical neglect. To that end, it shall contact each appropriate health care facility in the county to obtain the name, title, and telephone number of the designated hospital liaison. At least annually, this information is to be updated by the county department. The county department also shall be responsible for coordination with any existing hospital review committees, which may have evaluated and recommended treatment in the case under assessment.
C. County department staff assigned to the assessment of a medical neglect referral shall make no medical decisions regarding the infant and shall seek an independent medical consultation when indicated.
Should the parent(s) wish to seek a second medical opinion, the county department shall provide referral assistance.
If the county department finds that an independent medical evaluation is necessary to determine the infant's medical prognosis, the county department shall recommend to the parent(s) of an infant with a disability that an independent medical evaluation be done.
D. In all medical neglect referrals, the county department shall obtain all relevant medical data concerning the child. The county department shall seek a court order to obtain records if the request for such material is refused.
E. The county department shall advise promptly the State Division of. Child Welfare Services of all medical neglect referrals involving infants with disabilities. The contact persons at the State will be the Child Protection Specialists.
F. If after assessing the medical neglect referral there are indications that the referral of medical neglect may be founded, the county department shall interview the parent(s).
G. If the county department determines that medically-indicated treatment or palliative care is being or will be withheld, and (1) the child's condition requires an urgent response, or (2) efforts by county department or hospital personnel to obtain parental consent to treatment would be futile or already have failed, then the matter shall be brought to court under a petition. The petition shall be a request to the court to place temporary custody of the child with the county department to ensure proper medical treatment is provided. The county department shall immediately contact the department's attorney when such a court order is required.
H. In cases in which the infant has died before the assessment is completed and the county department has reason to suspect that medically indicated treatment was withheld, the matter shall be referred to the law enforcement agency in the location where the child died. If it is determined that treatment was not medically indicated, or that medically-indicated treatment had not been withheld, then the report shall be deemed unfounded.
7.202.73 Ongoing Services for Cases of Medical Neglect of Infants with Disabilities
The county department shall make available the following services:
A. Monitoring Court-Ordered Treatment
When either the court has ordered or the parent(s) have agreed upon a course of treatment, the county department shall monitor developments to ensure this treatment is provided. When there is a failure to provide treatment, the county department shall notify the court and immediately petition the court to take appropriate action.
B. Coordinating With Other Resources
The county department shall contact agencies that provide services to child/ren with special needs, and help the parents with referrals to appropriate agencies that provide services for infants with similar disabilities and for their families. Referrals shall be made to agencies with financial resources for costs of medical and rehabilitative services. Information shall be provided regarding parental support groups and community educational resources. This information shall be made available, as is deemed appropriate under the circumstances, whether the county department has taken legal action or not.
7.202.74 Assessment of Medical Neglect in Which Religious Considerations are Involved [Rev. eff. 3/2/13]
A. The county department shall assess cases of medical neglect including those cases in which there is a failure to provide medical treatment based upon the parent's, guardian's, or custodian's religious beliefs and there is concern that such failure will result in a threat to the child's health and welfare.
B. The county department shall obtain a medical evaluation if the child's condition presents substantial concern for the child's health and welfare. This evaluation shall be obtained with the consent of the parents, guardians, or legal custodians. If such consent is refused, the county department shall seek a court order to obtain a medical evaluation.
C. In consultation with medical practitioners, the county department shall consider whether the condition is life-threatening or will result in serious disability without professional medical care.
D. If the child's condition is determined to be life-threatening or could result in serious physical impairment, the county department shall seek a court order to ensure the provision of the necessary medical care in the event that such care is refused by the parent, guardian, or legal custodian.
E. Additionally, in those cases in which there is spiritual healing involved, the county department shall follow the guidelines defined in Section 19-3-103(2)(a), (b), C.R.S., to decide whether the method is a "recognized" method of religious healing and whether such healing is considered to be medically effective for the child's condition.
F. If it is determined that the situation is life-threatening or will result in serious disability without professional medical care, the county department shall contact the court for an order providing medical treatment for the child.
G. For purposes of entering founded findings of abuse or neglect into the State automated case management system, reporting to police for criminal investigation, and filing of dependency and neglect petitions, no child who is under treatment by a recognized method of religious healing shall, for that reason alone, be considered to have been neglected or dependent unless the child's parent, legal guardian, or custodian inhibits or interferes with the provision of medical services according to court-ordered medical evaluation or treatment.
If a parent, guardian, or legal custodian inhibits or interferes with the provision of medical evaluation or treatment according to a court order, that act would constitute "neglect" and in such circumstances a referral shall be made to law enforcement and the county department of social services may file a dependency and neglect petition.
7.202.75 Assessment, Reporting, and Review of an Incident of Egregious Abuse or Neglect Against a Child, a Child Near Fatality, or a Child Fatality [Rev. eff. 3/2/13]
"Incident of egregious abuse or neglect" means "an incident of suspected abuse or neglect involving significant violence, torture, use of cruel restraints, or other similar, aggravated circumstances that may be further defined in rules promulgated by the State Department pursuant to this section" (Section 26-1-139(2)(a), C.R.S.).
"Near fatality" means a case in which a physician determines that a child is in serious, critical, or life-threatening condition as a result of sickness or injury caused by suspected abuse, neglect or maltreatment (Section 26-1-139(2)(b), C.R.S.).
The county department shall conduct a High Risk Assessment of incidents of egregious abuse or neglect against a child, a near fatality, or a child fatality in intrafamilial and institutional settings in those cases in which:
A. There is reason to know or suspect that abuse/or neglect caused or contributed to the egregious abuse or neglect against a child, a child near fatality, or a child fatality.
B. The cause of the incident of egregious abuse or neglect, near fatality or fatality is unknown or the information given is not consistent with the degree or type of injury and/or subsequent death.
7.202.76 Assessment Procedures [Rev. eff. 10/1/12]
A. The county department shall coordinate with the following agencies: law enforcement, district attorney's office, coroner's office, and hospitals to ensure prompt notification of an incident of egregious abuse or neglect, near fatality, or fatality of a child, which is suspicious for child abuse or neglect.
B. Assessments shall be coordinated with law enforcement. At a minimum in cases in which there are no surviving children, the county department shall provide law enforcement and the coroner with information related to any prior involvement with the child, the family, or the alleged perpetrator.
C. When there are surviving or non-injured child/ren, the county department shall assess the condition of those child/ren and shall take the action necessary to ensure their protection.
1. When assessing the condition of surviving or non-injured child/ren who may be at risk, the assessment shall include the following activities:
a. A visit to the child/ren's home or place of custody.
b. An interview and/or evaluation of the child/ren.
c. An examination of the child/ren to include an assessment of the child/ren's overall current physical, mental, or emotional condition.
d. An assessment of the safety of the home environment, to include an interview with the parents, guardians, and/or legal custodians.
2. When there are reasonable grounds to believe that a surviving or non-injured child is at risk of emotional or physical harm in his/her home environment, the county department shall seek an emergency protective order.
7.202.77 Reporting to the State [Rev. eff. 10/1/12]
A. Within 24 hours (excluding weekends and holidays) of a county acceptance of a referral of an incident of egregious abuse or neglect, near fatality or fatality of any child, which is suspicious for child abuse or neglect, the county department shall call or email the following information to the State Department Child Protection specialist or designee. The following information shall be documented on the State prescribed form:
1. Name and age of victim.
2. The Trails referral ID number.
3. Known circumstances around the incident of egregious abuse or neglect, near fatality or fatality.
4. Description of physical injuries or medical condition of the child/ren at the time of referral.
5. Names and ages of surviving or non-injured child/ren who may be at risk.
6. Brief description of the department's prior involvement with the family/caretaker, if any.
7. Actions taken by the county department to date and future actions to be taken.
8. Involvement of other professionals in the case.
B. Upon notification of an incident of egregious abuse or neglect, near fatality or fatality, the county department shall restrict Trails access to the current assessment of the incident of egregious abuse or neglect, near fatality or fatality, and any other Trails history regarding this child, the child’s family members, and the person(s) suspected of the abuse or neglect. Access shall remain restricted until the conclusion of the State child fatality review, at such time the county department shall determine whether the records shall be unstricted.
C. The county department shall provide the following information to the State Department's Child Protection specialist within sixty (60) calendar days of notification of the incident of egregious abuse or neglect, near fatality or fatality, to the extent possible, and no longer than sixty (60) calendar days without a written request from the county for an extension and subsequent State Department approval granting an extension.
1. The completed Trails referral/assessment summary.
2. Copies of any pertinent social, medical, and mental health evaluations of all involved subjects (child/ren, family, caretakers, etc.).
3. Coroner's records, including autopsy report.
4. Police reports of present investigation as well as any prior criminal history of all subjects.
5. A copy of the case record not obtainable in Trails, if the county department has had past or current contact with the child prior to the incident of egregious abuse or neglect, near fatality or fatality.
6. Report of county department internal review, if the county department had previous contact with any of the household members in the previous two years.
7.202.78 Additional Actions When County Department has had Prior/Current Child Welfare Involvement [Rev. eff. 10/1/12]
A. When the county department has custody of the child and or protective supervision, it shall take the following actions:
1. Immediately notify the parent/caretaker of the incident of egregious abuse or neglect, near death or death of the child. If the parent/caretaker resides in another county or state, the county department shall coordinate with the county department of parents' or caretakers' residence to provide, whenever possible, personal notification.
2. Immediately notify the county department director of the incident of egregious abuse or neglect, near death or death of a child in the department's custody, protective supervision, or when the department has had prior child welfare involvement within the last two years that was directly related to the incident of egregious abuse or neglect, near fatality or fatality to include referrals that have been screened out. A complete copy of the child's case record shall be made available to the county director within twenty-four (24) hours of notification.
3. Immediately notify the court, the attorney for the county department, and the Guardian Ad Litem (when one has been assigned) of the incident of egregious abuse or neglect, near death or death of any child who is under the court's jurisdiction.
B. Upon notification of a child fatality in which the county department has had prior child welfare involvement, within the last two years that was directly related to the fatality, with the child, family, or alleged perpetrator, the county department director shall take the following actions:
1. Designate an individual(s) who will be responsible for assessing the child's death. The assigned individual(s) shall not have had prior involvement in the case. In the event of a conflict of interest, the county department shall arrange for the assessment to be conducted by another county department of social services with personnel having appropriate training and skill.
2. Ensure that a complete internal administrative review of the county's involvement in the case before the child's death is conducted. This review shall be referred to as the Department Internal Review and shall be completed whenever the county department has had current or prior child welfare involvement with the child, family or alleged perpetrator, within the last two years. The Review shall include, at a minimum:
a. Assessment of the interventions made by the county department.
b. Evaluation of the case plan.
c. Identified areas of strengths and/or weaknesses in the casework process.
d. Analysis of any systemic issues that may have led to delays or oversights.
e. Evaluation of the role played by other community agencies and the overall case coordination.
f. Recommendations for staff training or changes in the system that would avoid other similar occurrences.
3. Submit a written report of the Department Internal Review within sixty (60) calendar days of notification of the child's death to the State Department Child Protection specialist.
C. If another county department also has had prior child welfare involvement with the child, family or alleged perpetrator, within the two-year period directly related to the incident of egregious abuse or neglect, near fatality or fatality (to include referrals that had been screened out), the State Department shall decide what reviews shall occur in that county department.
7.202.8 STATE REVIEWS OF AN INCIDENT OF EGREGIOUS ABUSE OR NEGLECT AGAINST A CHILD, NEAR FATALITY OR CHILD FATALITY [Rev. eff. 10/1/12]
When a county department determines an incident of egregious abuse or neglect, near fatality or fatality of any child, which is suspicious for child abuse or neglect, occurs, the county shall submit reports for review by the State Department in accordance with Sections 7.202.77 and 7.202.78 of this rule manual, and cooperate with the State Department's review. The State Department shall conduct a multidisciplinary review of such cases, where the county was involved in the two years prior to the incident of egregious abuse or neglect, near fatality or fatality and the prior involvement was directly related. The State Department Child Fatality Review shall occur within thirty (30) days of the State Department receiving all required documentation, in accordance with Section 7.202.77, C.
7.200 PROGRAM AREAS, CASE CONTACTS, AND ONGOING CASE REQUIREMENTS
7.200.1 PROGRAM AREA 3 - PROGRAM FOR PREVENTION AND INTERVENTION SERVICES FOR CHILDREN, YOUTH, AND FAMILIES AT RISK OF INVOLVEMENT WITH CHILD WELFARE
The Program Area 3 definition is located at 7.000.1, A (12 CCR 2509-1).
A. Prevention services are voluntary and based on a human services professional decision regarding the family’s need and on youth and family choice. Services may include:
1. Services that reduce risk and increase protective factors to decrease the likelihood of child abuse and neglect; or,
2. Services provided when a child or youth is in conflict with his/her family members, community, or at risk for abuse or neglect and do not meet the definition of unsafe as found in Section [7.202.3 7.000.2, A (12 CCR 2509-1)].
Services cannot be provided when the child’s circumstance meets the definition of unsafe as found in Section [7.202.3 7.000.2, A (12 CCR 2509-1)].
B. Intervention services are voluntary and based on a human services professional decision regarding the family’s need and youth and family choice. Services may include:
1. Proactive efforts to intervene when the immediate health, safety or well-being of a child is not at-risk; or,
2. Services provided after a referral has been screened out; or,
3. Services provided when a case is assessed as not requiring child protection or youth in conflict services and the case is closed; or,
4. Services provided when a child welfare case has been closed, the child is safe as defined in Section [7.202.3 7.000.2, A (12 CCR 2509-1)], and additional supports would improve a family’s protective factors and reduce the possibility of recurrence of abuse or neglect.
7.200.11 Eligibility Criteria
A. County Department
A county is eligible to provide Program Area 3 prevention and intervention services when the county has a state-approved service delivery plan. The service delivery plan shall be submitted as an addendum to the Core Services Plan and shall include the process for referral and assessment to the prevention and intervention service.
B. Families, Youth, and Children
Families, youth, and youth/children are eligible for prevention and intervention services if a child/youth is in conflict with his/her family members, in conflict with the community, or at risk of abuse or neglect and do not meet criteria for a child protection or youth in conflict case.
Families, youth, and children are eligible for prevention and intervention services if a human services professional has determined the family has a need for the service.
C. Community Agency or Another Division within the County Department
A community agency or another division within the county department is eligible to refer a family, youth, or child for prevention or intervention services, or to provide services to a family, youth, or child if so stated in the county’s state-approved service delivery plan addendum to the Core Services Plan.
7.200.12 County Responsibilities
The county department shall be responsible:
A. To deliver prevention and intervention services according to the state-approved service delivery plan that is an addendum to the Core Services Plan.
B. To ensure community agencies and/or other divisions within the county provide prevention and intervention services according to the state-approved service delivery plan.
C. To ensure community agencies and/or other division within the county department refer families, youth, and children to the prevention and intervention service according to the contract with the county Child Welfare Division.
D. To ensure community agencies and/or other divisions of human services offer prevention or intervention services according to the contract with the county department.
E. To ensure documentation in the approved state automated case management system of the names, age, ethnicity, gender, service provided, and the reason the service ended for families, youth, and children referred for or provided prevention and intervention services.
F. To ensure documentation in the approved state automated case management system of all required data elements of each funding source used for prevention and intervention services.
G. To follow the rules and requirements governing the specific funding stream the county elects to use to provide prevention and intervention services.
[H. TO FOLLOW THE RULES AND REGULATIONS PROMULGATED BY THE STATE BOARD OF HUMAN SERVICES, UNLESS OTHERWISE OUTLINED IN SECTION 7.000.3.]
7.200.13 Funding Sources
Counties may use any available funding source to provide services under program area three, in accordance with the rules and requirements governing the specific funding stream utilized.
7.200.14 Referral [Rev. eff. 1/1/14]
A. The county department shall provide a referral and intake process wherein all persons have the opportunity to apply for services. In the referral and intake process, the assigned social service staff shall accept applications and screen referrals.
B. A referral report shall be completed in all appropriate situations, and at a minimum must include:
1. Demographic information.
2. Referring source.
3. Results of initial assessment.
4. Dispositional decision.
C. The county department, if requested, shall provide the referring source with an explanation of the action taken as a result of the referral.
7.200.15 Initial Functional Assessment
An initial assessment by the county department of social services staff shall include:
A. The appropriateness of referral;
B. Determining if the case is open in the agency;
C. Awareness of agency and community resources and their current availability;
D. Initial assessment of problem and service needs;
E. Determining if another agency can better serve the client;
F. Information about risk factors that can be used in making decisions about urgency of service delivery; and,
G. Determining whether an emergency exists that meets the emergency assistance criteria in accordance with Section [7.001.45 7.601.83 (12 CCR 2509-7)].
7.201 PROGRAM AREA 4 - YOUTH IN CONFLICT
The Program Area 4 definition and target group information is located at Section 7.000.1, B (12 CCR 2509-1).
7.201.1 INITIAL ASSESSMENT
A. The county department shall respond, either with a face-to-face intervention or by telephone, when notified by the court appointed detention screener or a law enforcement officer, of a child or youth in the custody of a law enforcement agency who is inappropriate for secure detention but cannot be returned home.
B. The county department shall complete a needs assessment for children or youth who do not require physical restriction but for whom immediate removal from the home appears necessary for his/her protection or the protection of others. The county department shall provide needed services, other than secure detention, such as temporary placement, crisis intervention, or in home services.
C. A child or youth shall not be removed from the home without police protective custody or hold, a court order, or a signed voluntary placement agreement. Before or at the conclusion of the court-ordered placement (72 hours) or police hold (48 hours), the child or youth shall:
1. Be returned home; or,
2. Remain in court-ordered placement; or,
3. Continue in placement by virtue of a voluntary placement agreement signed by the parents/guardians.
7.202 PROGRAM AREA 5 - CHILDREN IN NEED OF PROTECTION
Program Area 5 definition and target group information is located at Section 7.000.1, C (12 CCR 2509-1). Intake information is located at Section 7.101, et.al. (12 CCR 2509-2).
Referral and assessment activities for Program Area 5 are located in Section 7.101, et al. (12 CCR 2509-2).
7.202.1 PROVISION OF ONGOING CHILD PROTECTION SERVICES (CPS)
A. If a safety plan exists, the assigned caseworker and supervisor shall review it as the first step in ongoing services planning.
B. Ongoing child protection services shall be based on the safety and risk issues identified in the safety assessment tool and plan, risk assessment tool, family social history and assessment summary in the Family Services Plan. Services shall be provided to protect the child(ren) or youth from further abuse or neglect through building parental capabilities and increasing parental involvement. This shall be accomplished in a manner that preserves the family when this can safely be done. When the family from whom the child(ren) or youth were removed cannot safely be preserved, services shall be provided that preserve the child(ren)'s or youth’s continuity within the extended family and/or home community when feasible. The child(ren) or youth shall be placed in the least restrictive setting, consistent with the child(ren) or youth’s and family’s assessed needs. When the child(ren) or youth cannot safely return to the family from whom they were removed, services shall be provided to achieve an alternative permanent plan that provides for a child(ren)'s or youth’s safety and well-being in a timely manner.
C. At the point of case transfer, county departments shall assure pertinent information regarding child safety, permanency, and well-being are translated to the new assigned caseworker. This shall be accomplished through the following methods, based on the nature of the case and the workload ability of the county department:
1. Decision-making meeting involving caseworkers and/or supervisors, family and community providers;
2. Staffing between caseworkers and/or supervisors;
3. Written transfer summary; and/or,
4. Documentation in the state automated case management system.
D. The county department shall complete the safety assessment tool consistent with requirements outlined in Section 7.107.1 (12 CCR 2509-2).
E. The county department shall complete the risk assessment tool consistent with requirements outline in Section 7.107.2 (12 CCR 2509-2).
F. Monthly Contact
The primary purpose for case contacts shall be to assure child safety and well-being and move the case toward achieving identified treatment goals. Documentation in the state automated case management system of at least one monthly contact shall summarize progress toward these goals. In child protection cases in which the children or youth remain in the home and in child protection cases in which the children or youth are placed out of the home, the county department shall have face-to-face and telephone contact with the children or youth and parents and relevant collateral contacts as often as needed (while meeting the minimum expectations below) to reasonably attempt to assure the safety, permanency and well-being of the children.
1. A face-to-face contact with a parent, or the guardian to whom the child or youth shall return, or with a child or youth is defined as an in-person contact for the purpose of observation, conversation, intervention or interview about substantive case issues, such as safety, risk and needs assessment, safety and treatment planning that may help to reduce future risk of abuse and neglect, service agreement development and/or progress.
2. The primary purposes for contacts with parents are to assess the parent(s) ability to provide safely for the child or youth and make progress toward treatment plan goals. When a child protection case remains open with the county department, the county department shall maintain sufficient contact with parents or the guardian with whom the child or youth resides, or to whom the child or youth shall return, to lead to timely resolution of child safety issues and to move the case toward timely resolution of treatment plan goals. Such contact shall occur at least monthly and at least every other month there shall be face-to-face contact. Such contacts shall occur with parents at least until a motion for termination of parental rights is filed, in cases in which the child is not living in the home or in which it is no longer planned that the child will return home.
3. The primary purpose for child or youth contacts is to assure the child’s safety and well-being regardless of the reason the case is open with the county department. For in-home cases, the county department shall have at least monthly face-to-face contact with children or youth participating as a child in the case.
4. For the frequency of contact of children and youth in out-of-home placement, see Section 7.001.6, B (12 CCR 2509-1).
5. For all other types of contacts, the purpose of the contacts shall be determined by the stage of the case, by the level of safety, risk and needs of the case, and according to whether or not the county department representative is the primary service provider. In cases in which there are individuals and/or someone from another or other agencies who has/have the primary therapeutic relationship with the parent and/or the child or youth, these parties may be designated by the county department to fulfill additional contacts beyond the minimum contacts described above when additional contacts are needed to reasonably assure the safety, permanency and well-being of the child(ren) or youth in the case.
6. All case contacts with parents and child(ren) or youth by the county department shall be recorded in the state automated case management system, and shall reflect how the purpose of the visit was accomplished.
7. In exceptional situations, if the minimum case contacts are not able to be provided by the county in any given month, those reasons shall be documented by the county in the case file.
8. If direct contact is impossible due to the child’s location, the following information shall be documented in the state automated case management system indicating:
a. The case circumstances, including why the direct contact is not possible;
b. How the contact shall occur to possibly include ICPC, and/or courtesy supervision; and,
c. How the county department shall monitor progress.
9. All case contacts by parties designated by the county department, beyond the minimum contacts described above, to provide assessment, treatment and/or monitoring of the parents and children or youth, shall be recorded in the case file. The county department shall have the responsibility to determine that such needed contacts have occurred.
G. The county department shall provide courtesy supervision services when requested by another county or state when there is court jurisdiction and such services must continue in order to protect the child or youth. In cases where there is no court jurisdiction, the receiving county shall conduct an assessment to determine if services are needed in order to protect the child or youth. Services shall be provided if indicated. Other services include:
1. The requirement to utilize Interstate Compact on the Placement of Children (ICPC) procedures to obtain courtesy supervision shall not be used by a county to deny a request from another state to provide assessment of a child’s safety.
2. When there is court jurisdiction, ICPC procedures shall be followed by the sending state in order to obtain courtesy supervision of a case in Colorado.
3. The contacts requirements in Section 7.204, shall apply to cases being provided courtesy supervision when there is court jurisdiction and also for voluntary cases for which it is determined that services are indicated.
H. If a child protection service client for whom services are still needed moves to another county or state, the county or state of current residence should be notified within ten (10) days and provided with written appropriate, relevant information. Change in venue procedures as outlined in Section 7.304.4 (12 CCR 2509-4), shall be followed. If there is no court order for services, the receiving county shall provide outreach and assessment services up to sixty (60) calendar days. If during the sixty (60) calendar days period it is determined that further services are not indicated or the family is unwilling to accept services, the receiving county shall close the case.
I. All Program Area 5 cases shall remain in that program area as long as the child or youth is at risk for abuse/neglect and the case plan is to reunify the family. Cases on appeal for termination of parent-child legal relationship shall remain in Program Area 5 until the termination is finalized
7.202.2 ONGOING SERVICES FOR CASES OF MEDICAL NEGLECT OF INFANTS WITH DISABILITIES
The county department shall make available the following services:
A. Monitoring Court-Ordered Treatment
When either the court has ordered or the parent(s) have agreed upon a course of treatment, the county department shall monitor developments to ensure this treatment is provided. When there is a failure to provide treatment, the county department shall notify the court and immediately petition the court to take appropriate action.
B. Coordinating With Other Resources
The county department shall contact agencies that provide services to child(ren) with special needs, and help the parents with referrals to appropriate agencies that provide services for infants with similar disabilities and for their families. Referrals shall be made to agencies with financial resources for costs of medical and rehabilitative services. Information shall be provided regarding parental support groups and community educational resources. This information shall be made available, as is deemed appropriate under the circumstances, whether the county department has taken legal action or not.
7.203 PROGRAM AREA 6 - CHILDREN IN NEED OF SPECIALIZED SERVICES
The definition of Program Area 6 is located at Section 7.000.1, D (12 CCR 2509-1). Specific groups and target groups that are included within Program Area 6 are shown below.
7.203.1 CHILD WITH ADOPTION ASSISTANCE OR RELATIVE GUARDIANSHIP ASSISTANCE
Requirements for the Adoption Assistance Program and the Relative Guardianship Assistance Program were consolidated into their respective sections.
A. The Adoption Assistance Program is located in Section 7.306.4 (12 CCR 2509-4).
B. Relative Guardianship Assistance is located in Section 7.311 (12 CCR 2509-4).
7.203.2 CHILD WITH MEDICAID ONLY SERVICES
7.203.21 Target Groups
A. Children in foster care who have been determined Title IV-E eligible and have moved into or out of Colorado.
B. Children for who an adoption assistance agreement is in effect and who have moved into or out of Colorado. See Section 7.306.4 (12 CCR 2509-4) for details regarding children with adoption assistance.
C. Children with a Title IV-E Relative Guardianship Assistance agreement with a payment in effect and who have moved into or outside of Colorado.
D. Children eligible for Home and Community Based Services or Home Health Care Services as defined in Section 8.500 of the Department of Health Care Policy and Financing's Medical Assistance rules (10 CCR 2505-10). Children enrolled in the Home and Community Based-Developmentally Disabled Waiver Program administered through Community Centered Boards and the Department of Human Services, Developmental Disabilities.
7.203.22 Intake/Assessment
For children and youth moving to Colorado, the county department shall:
A. Verify from the Interstate Compact on the Placement of Children (ICPC) request from the sending state that the child or youth is eligible for IV-E foster care from the state of origin.
B. For adopted children and youth, include a copy of the Interstate Compact on Adoption and Medical Assistance (ICAMA) form and the adoption assistance agreement in the child's file or provide a copy of the Guardianship Assistance agreement.
C. Enter information about the child or youth into the state automated case management system and verify that a Medicaid card has been sent to the foster care provider, the adoptive parent, or the guardian.
D. Notify the foster care provider, the adoptive parent, or the guardian using the SS-4 Form that the child or youth is eligible for Medicaid only services from Colorado. In addition, advise the provider to notify the county department if foster care is stopped by the originating state or of any change of address. In the case of an adopted child or youth, or those with a guardian, advise the adoptive parent or guardian to notify the county department and the state of origin of any change of address.
E. Verify annually from the state of origin that the child or youth is eligible for Medicaid.
7.203.23 Procedures for Children Eligible for Home and Community Based Services or Home Health Care Services
A. The county department shall open a case Home and Community Based when an application for Home and Community Based Services (HCBS) or Home Health Care Services is completed. The county department shall provide services as required in Section 8.500 of the Department of Health Care Policy and Financing's Medical Assistance rules (10 CCR 2505-10) for children in Home and Community Based Services or Home Health Care Services Programs.
B. The county department shall close the case on the state automated case management system no later than the end of the month following the month that the child begins to receive services from the case management agency unless the child remains eligible for services under Program Areas 4 or 5.
7.203.3 CHILDREN WHOSE DISPOSITION IS NO LONGER REUNIFICATION WITH FAMILY
The target group includes children for whom all efforts at reunification with the family are exhausted. The parent-child legal relationship may or may not be terminated.
7.203.31 Eligibility
A. A child shall be eligible for services in this target group only if he/she has prior eligibility in another target group and has a permanent plan other than reunification.
B. Children in this target group shall receive services as addressed in the placement services, relative guardianship, legal guardianship, relinquishment, independent living, and adoption sections of these rules. Contact requirements for these children shall be in accordance with Section 7.001.6 (12 CCR 2509-1). These contacts shall be documented in the state automated case management system.
7.203.32 County Department Procedures
A. The county department shall document in the case file all efforts at reunification for the children in this target group.
B. The county department shall ensure that the Family Services Plan contains a plan for permanent placement with a relative, adoption, relative guardianship or legal guardianship/permanent custody, or other planned permanent living arrangement, as appropriate (see Section 7.301.24, N; 12 CCR 2509-4).
C. When the permanent plan is not adoption the county department shall document in the case file why adoption is not appropriate.
7.203.4 YOUNG ADULTS WHO HAVE EMANCIPATED FROM FOSTER CARE
Participation in Independent Living programs is voluntary for this population of emancipated young adults, ages 18 to 21, who were in out-of-home care on their 18th birthday and who are in need of continuing support and services toward becoming self-sufficient.
7.203.41 Eligibility
Emancipated young adults, ages eighteen (18) to twenty-one (21), who were in out-of-home care on their 18th birthday are eligible to receive independent living services to assist them as they continue the transition to adulthood. Services may include independent living assessment, case planning, transitional services, room and board, and other services as identified in the county Title IV-E Independent Living Plan (see Section 7.305).
7.203.42 County Department Procedures
A. The county department of social services shall document in the case file the independent living services provided.
B. The county department of social services shall complete the Independent Living Plan as a part of the Family Services Plan.
C. Minimum contact requirements are to be determined by the participant and caseworker, but shall be quarterly, face-to-face, at a minimum to determine appropriateness of services and continued need of the participant.
7.204 CASE CONTACT REQUIREMENTS
The primary purposes for case contacts shall be to assure child safety and well-being and move the case toward achieving identified treatment goals regardless of the reason the case is open. For Program Areas 4, 5, and 6, and in cases in which children and youth remain in the home or are placed out of the home, the county department shall have face-to-face and telephone contact with the children and youth, parents, and relevant collateral contacts as often as needed to assure the safety, permanency and well-being of the children.
Case contacts shall be documented in the state automated case management system. Minimum contact requirements are as follows:
A. Program Areas 4, 5, and 6 In-Home Services
The county department shall have at least monthly face-to-face contact with the child or youth. The county department shall have at least monthly face-to-face or telephone contact with the parent, parent surrogate or guardian, with face-to-face contact occurring at least every other month.
B. Program Areas 4, 5, and 6 Out-of-Home Placement Services Concerning Children and Youth in Colorado
The primary caseworker, that caseworker’s supervisor, or the designated visitation caseworker for each child or youth in out-of-home placement for whom the county department has responsibility shall have face-to-face contact with that child or youth at least once every calendar month.
The “designated visitation caseworker” is an individual assigned responsibility for visiting the child or youth. The visitation caseworker may be a caseworker employed by the county department or another county department; a caseworker or contract caseworker in another state; or, a professional within the state who meets the qualifications listed at Section 7.602 and training listed at Section 7.603 (12 CCR 2509-7).
The name and role of the visitation caseworker assigned responsibility for visiting the child or youth shall be recorded in the assigned screen of the state automated case management system and shall be updated if there is a change in the visitation caseworker. There shall be only one designated visitation caseworker for a child or youth at any one time.
Contact shall occur at a minimum of two face-to-face visits with the child or youth during the first thirty (30) days following the out-of-home placement, at least one of which shall be in the out-of-home placement, and a minimum of monthly face-to-face contact with the child or youth after the first month. A portion of every face-to-face contact shall occur out of the presence of the provider for the child or youth. No less than every other month, contact shall occur in the out-of-home placement where the child or youth resides and shall include visual assessment of where the child or youth sleeps.
The majority of monthly face-to-face contacts in a year shall occur in the child or youth’s out-of-home placement. For children and youth in out-of-home placement, this is their place of residence. The child or youth shall be visited in his/her out-of-home placement during the first thirty (30) days of out-of-home placement and at least every other month while in out-of-home placement.
These requirements apply to children and youth for each month in which they spend more than half of the days of the month in out-of-home placement.
Children and youth designated as runaways who are in the county department’s custody are included in the population of children and youth for whom the case contact requirements apply.
The caseworker who visits the child or youth shall have working knowledge of the case, including having conducted a recent review of contacts information in the state automated case management system prior to making a visit. The caseworker completing the visit shall record all contacts in the state automated case management system.
The designated visitation caseworker shall not have specific supervision responsibilities for the private placement facility where the child or youth is placed, nor shall the visitation caseworker be an employee of the placement facility where the child or youth is placed.
C. Program Ares 4, 5, and 6 Out-of-Home Placement Services Out of Colorado Concerning Children and Youth
The primary caseworker, that caseworker’s supervisor, or the designated visitation caseworker or that caseworker’s supervisor, for each child or youth in out-of-home placement out of Colorado shall have face-to-face contact with that child or youth at least once every calendar month.
For cases governed by the Interstate Compact on the Placement of Children (ICPC), the assigned or contracted caseworker in the state where the child or youth is placed may be the designated visitation caseworker. The Colorado caseworker assigned to the case shall document the designated visitation caseworker’s visits in the state automated case management system if there is documentation in the case file from the designated visitation caseworker that describes the date, place, and content of the visit with the child or youth for cases governed by ICPC. If there is an out-of-state designated visitation caseworker, that person shall use other means than review of the state automated case management system to assure that he or she has current working knowledge of the case at the time visits are made to the child or youth. A written report on the contact shall be requested by the custodial agency.
D. Program Area 5 Out-of-Home Placement Concerning Parents
While a child or youth remains in out-of-home placement, the county department shall have at least monthly contact with the parent, parent surrogate or guardian, with face-to-face contact occurring at least every other month. Such contacts shall occur until a motion for termination of parental rights is filed, or until “Return Home” is no longer the primary permanency goal.
E. Program Areas 4 and 6 Out-of-Home Services
While a child or youth remains in out-of-home placement, the county department shall have at least monthly face-to-face or telephone contact with the parent, parent surrogate or guardian. Such contacts shall occur until a motion for termination of parental rights is filed, or until “Return Home” is no longer the primary permanency goal.
F. Finalized Subsidized Adoption Services
Contact shall occur every three (3) years through face-to-face, real-time video resources, telephone, electronic mail or mail.
G. Other Groups
For children or youth who are eligible for Home and Community Based Services or Home Health Care services, the contact requirements are a minimum of one face-to-face or telephone contact with the child or youth and family every six (6) months. At least one of the contacts annually must be face-to-face.
H. Contact Exceptions
If direct contact is impossible due to the child’s location, the following information shall be documented in the state automated case management system indicating:
1. The case circumstances, including why the direct contact is not possible;
2. How the contact shall occur to possibly include ICPC, and/or courtesy supervision; and
3. How the county department shall monitor progress.
7.205 CASE CLOSURE
A. [WHEN THERE IS NO COURT JURISDICTION AND AT LEAST ONE OF THE FOLLOWING ARE MET, services shall be terminated and the case shall be closed.]
1. Specific program eligibility criteria are not met.
[2.] Client no longer needs the service.]
[3.] Client has died.
[4.] Services are completed.
[5. The child is ready for emancipation, or THE CHILD reaches his/her 21st birthday, OR THE COURT TERMINATES JURISDICTION].
B. The worker shall document the following in the case record:
1. Reason(s) for case closure.
2. A summary of services provided, which includes progress made toward stated goals.
3. An assessment of risk of further child abuse or neglect for Program Area 5 cases.
C. The county department shall close a case in the state automated case management system no later than ninety (90) days after the last direct client contact. The county department shall assure the case is closed in the automated system as prescribed by the State.
D. The county department shall close a case in the state automated case management system if there has been no direct client contact with the child and parents for ninety (90) calendar days despite the repeated efforts of the county department to maintain contact.
E. Exceptions to the ninety (90) calendar day limit may be necessary in cases where the county department has custody of the child. In such cases the county department shall document efforts to terminate county custody or document why such efforts are not in the best interest of the child.
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(12 CCR 2509-4)
7.300 CHILD WELFARE SERVICES
7.301 ASSESSMENT AND FAMILY SERVICES PLANNING
7.301.1 ASSESSMENT [Eff. 10/01/2008]
A. The Colorado Assessment Continuum (CAC) will be utilized throughout the case. The CAC includes the:
1. Safety assessment and plan [(see Section 7.202.533, C), REFERENCED IN SECTION 7.107.1 AND SECTION 7.107.16 (12 CCR 2509-2)].
2. Risk assessment [(see Section 7.202.54, D, C and 7.202.62, E), REFERENCED IN SECTION 7.107.2 (12 CCR 2509-2)].
[3. Needs assessment in the North Carolina Family Assessment Scale (NCFAS)/North Carolina Family Assessment Scale-Reunification (NCFAS-R); see Section 7.301.1, C). The CAC will be utilized throughout "Assessment" and "Case", as specified in each section listed above.]
B. Safety assessment [AND risk assessment, and needs assessment] are ongoing processes throughout the life of the case. Safety [AND risk and needs] assessments, as defined in this manual, shall be completed for each Program Area 5 case accepted [FOR ASSESSMENT] by the county department and shall be the basis for case planning. Each of these assessments shall be entered into the automated case management system in accordance with the timeframes referenced in Section [7.301.1, A, 1-3 and 2. The reunification domains in the NCFAS-R shall be completed in hardcopy until these domains are available in the automated case management system.]
1. The family, including relatives with caretaking responsibilities for children in the household, shall be involved in all phases of assessment and case planning.
2. Assessment tools or resources available through community agencies shall be incorporated in the assessment, based on the culture, ethnicity and other needs of the family.
3. As a result of this assessment/evaluation, the caseworker and family shall identify the family's current safety [AND risk and needs] to include level of functioning, areas of strengths [and weaknesses,] specific areas of [CONCERN problems] to be addressed, and changes that must occur to remedy the [CONCERNSs problems] that brought the family to the agency. [THIS The following information shall be included in the assessment documented in the] Family Services Plan.
[a. Reason for intervention and/or conditions giving rise to the abuse/neglect or the parent/child conflict, and effects on the child(ren), family, or community.
b. Safety needs of the child(ren), family, and/or community.
c. Family's perception of the problem, including its understanding of why Child Welfare is involved, and the family's view of what needs to change.
d. Family strengths.
e. Family social support system.
f. Child(ren)'s history, including children's role(s) in family, age(s), emotional, physical, social, developmental history and milestones.
g. Family environment and overall functioning, including physical environment of the housing/neighborhood, family composition, stability, stresses, parenting skills, discipline methods and relationships.
h. Education and employment of child(ren)/youth(s) and/or parent(s)/other relevant family members.
i. Culture/religion/ethnicity and how these affect the needs of the child(ren).
j. History of abuse/neglect and domestic violence.
k. Medical/mental health needs and history of treatment of child(ren) and parent(s), including medications, hospitalizations/placements, immunizations and current functioning.
l. Substance abuse history by any family member.
m. History of court involvement with child(ren) and/or parent(s).
n. Additional information, including plans for obtaining any further evaluations needed.]
[C. The North Carolina Family Assessment Scale (NCFAS)/North Carolina Family Assessment Scale-Reunification (NCFAS-R) shall constitute the needs assessment, which is one of the Colorado Assessment Continuum instruments. The purposes of the NCFAS/NCFAS-R are:
1. To assist with effective Family Services planning by identifying the most needed types of services based on the assessed needs.
2. To measure where change in child and family functioning has occurred as a result of services delivered.
3. To measure to the child welfare outcomes of safety, permanency, and well-being.]
[D. The first five domains of the NCFAS-R (the NCFAS) shall be completed and entered into the automated case management system for all Program Area 5 cases accepted by the county department for ongoing services for which the permanency goal is reunification or maintenance of the child in his/her own home and where the department or its agent is working with the family system. It shall be optional for Program Area 4 and 6 cases.]
[E. The sixth and seventh domains of the NCFAS-R shall be used to assist with predicting when reunification will be successful in cases that involve out-of-home placement and shall be completed and entered into the automated case management system, when available, for all program area cases that involve out-of-home placement.]
[F. The NCFAS/NCFAS-R will be used at least twice during the lifetime of the case and shall be completed by the caseworker providing direct services who best knows the family. It shall be completed:
1. When a decision has been made that services will continue beyond the investigation/assessment. It shall be completed within 60 calendar days of the date the investigation/assessment was assigned, by the caseworker or the department's agent responsible for developing the family's case plan and serve as a basis for the Family Services Plan.
2. In the case management phase, as a part of the decision-making process at the point at which the case is to be closed.]
[G. The areas rated as the highest strengths shall be considered in developing the Family Service Plan.]
[H. Those factors rated as –2 or –3, the factors reflecting the greatest needs, on the NCFAS/NCFAS-R at the time of the first assessment shall be considered for incorporating into the objectives and action steps identified in the Family Services Plan.]
[I. The same worker shall complete the initial and final NCFAS/NCFAS-R if possible. If this is not possible, and multiple workers have competed the NCFAS/NCFAS-R, a staffing shall occur between all relevant workers to discuss the ratings if possible.]
7.301.21 Family Services Plan Timing Requirements [Eff. 09/01/2007]
The Family Service Plan document must be completed:
A. Within sixty (60) calendar days of [THE REFERRAL DATE opening an assessment] in the automated case management system for children in their own homes, including Core Services program cases in which the children are not in out-of-home placement. There may be one Family Services Plan for the family in these cases.
B. Within [SIXTY (60) calendar days of THE REFERRAL DATE opening an assessment] in the automated case management system for children in out-of-home placement, including those cases in which the children are receiving Core Services. There may be one Family Services Plan for the family; however, discrete sections in the treatment plan and in the placement information are required for each child in placement.
C. For children age 16 and over in out-of-home placement, the plan for transition to independent living/emancipation shall be completed within 60 calendar days of the child's 16th birthday or of case opening.
7.301.231 Integration of Safety and Risk Requirements [Eff. 09/01/2007]
Integration of safety and risk requirements into the case plan in the family services plan shall be accomplished in the following ways:
A. Safety and risk assessments completed in the assessment portion of the automated case management system shall automatically become a part of the case, when a case is opened. [This allows for reference to previously completed risk and safety assessments.]
B. Safety concerns identified on the safety assessment will be included in Part 3A, [as a drop down box. These concerns will be used as AND WILL BE THE basis for developing treatment plan objectives. Safety concerns shall be identified by an “S” designating a safety issue.]
C. Risk concerns identified on the assessment will be included in Part 3A, [AND as a drop down box. These concerns shall be used in developing treatment plans. Risk factors shall be identified with an "R" designating a risk issue.]
[D. Items checked in the risk and safety assessments shall populate automatically at the top of FSP Part 2. This allows for reference to previously completed risk and safety assessments when developing FSP Part 2.]
[E. The safety plan from "assessment" shall populate to the Part 3A.]
[F. Items checked in safety and risk assessments shall populate to Part 3A., as well as any NCFAS/NCFAS-R item rated at a “-2” or less. This information is documented on the first page of Part 3A and shall be a reference page to use when developing Part 3A.]
[G D. In Part 5A, changes in the following areas shall be documented:
1. Child functioning;
2. Adult functioning;
3. General parenting practices; or,
4. Disciplinary parenting practices.
At the end of this narrative, the following question shall appear in Part 5A and shall be addressed with a yes or no response: “Based on the information presented above, is there present or impending danger that must still be managed?”]
7.303 CORE SERVICES PROGRAM
7.303.1 DEFINITIONS
The Core Services Program consists of the following services:
A. “Aftercare Services” are any of the Core services provided to prepare a child for reunification with his/her family or other permanent placement and to prevent future out-of-home placement of the child.
B. “County Designed Services” are innovative and/or otherwise unavailable [serviceS] proposed by a county that meet the goals of the Core Services Program.
C. “Day Treatment” are comprehensive, highly structured services that provide education to children and therapy to children and their families.
D. “Home Based Intervention” services are provided primarily in the home of the client and includes a variety of services which can include therapeutic services, concrete services, collateral services and crisis intervention directed to meet the needs of the child and family. See Section 7.303.14 for service elements of therapeutic, concrete, collateral, and crisis intervention services.
E. “Intensive Family Therapy” is a therapeutic intervention typically with all family members to improve family communication, functioning, and relationships.
F. ”Life Skills” are services provided primarily in the home that teach household management, effectively accessing community resources, parenting techniques, and family conflict management.
G. “Mental Health Services” are diagnostic and/or therapeutic services to assist in the development of the family services plan, to assess and/or improve family communication, functioning, and relationships.
H. “Sexual Abuse Treatment” is therapeutic intervention designed to address issues and behaviors related to sexual abuse victimization, sexual dysfunction, sexual abuse perpetration, and to prevent further sexual abuse and victimization.
I. “Special Economic Assistance” means emergency financial assistance of not more than [$800 $2,000] per family per year in the form of cash and/or vendor payment to purchase hard services. See Section 7.303.14 for service elements of hard services.
J. “Substance Abuse Treatment Services” are diagnostic and/or therapeutic services to assist in the development of the family service plan, to assess and/or improve family communication, functioning and relationships, and to prevent further abuse of drugs or alcohol.
*********************
(12 CCR 2509-7)
7.600 COUNTY RESPONSIBILITIES, STAFF TRAINING AND QUALIFICATIONS, CLIENT RIGHTS, CONFIDENTIALITY
7.601 COUNTY RESPONSIBILITIES
There are basic information, legal mandates, and policies generic to the administration and/or provision of services that cut across all program and service areas. These include general administrative responsibilities, protection of clients' rights, responsibilities of clients, case processing and documentation, and reporting requirements. The county departments shall provide services to persons who are eligible and belong to the particular Program Area target groups within the following rules of the State Department [subject to available appropriations].
7.601.1 COUNTY RESPONSIBILITIES TO THE STATE DEPARTMENT
A. County departments shall administer child welfare services programs in compliance with State Department fiscal and program regulations.
B. County departments shall report to the State Department at such times and in such manner and form as the State Department requires, including through the state automated case management system.
7.601.2 COUNTY RESPONSIBILITIES FOR COOPERATIVE AGREEMENTS WITH LAW ENFORCEMENT, CHILDREN’S ADVOCACY CENTERS, AND OTHER AGENCIES
A. County departments shall develop written, [TIME LIMITED] cooperative agreements with incorporated and unincorporated municipality, city, county, and state law enforcement agencies that include:
1. Protocols for cooperation and notification between parties on abuse and/or neglect referrals and child deaths resulting from abuse and/or neglect;
2. Protocols for distributing the Notice of Rights and Remedies when required by Section 19-3-212, C.R.S., and Section 7.601.31, of these rules, including, but not limited to assessments of abuse and/or neglect in out-of-home care settings.
3. Joint law enforcement investigation and human or social service assessment procedures;
4. Procedures for independent law enforcement investigation and child welfare service assessment by either party;
5. Procedures for law enforcement investigation of abuse and/or neglect in out-of-home-care settings provided that a law enforcement investigation regarding the criminal aspects of an institutional abuse and/or neglect case shall not relieve the county department of its responsibility to assess the safety of the children in out-of-home care settings; and,
6. Procedures [limiting the time of the agreement to ensure routine review and updates to the agreement EVERY FOUR YEARS].
[7. COUNTY DEPARTMENTS SHALL SIGN THE STATE DEPARTMENT’S COOPERATIVE AGREEMENT WITH THE COLORADO STATE PATROL, OR SUBMIT A COPY OF THE COUNTY DEPARTMENT’S SIGNED COOPERATIVE AGREEMENT WITH THE COLORADO STATE PATROL WITHIN THIRTY (30) DAYS OF SIGNATURE.]
[8. COUNTY DEPARTMENTS SHALL PROVIDE THE STATE DEPARTMENT WITH A COPY OF ALL SIGNED COOPERATIVE AGREEMENTS WITH LAW ENFORCEMENT WITHIN THIRTY (30) DAYS OF SIGNATURE.]
B. The county department may develop a Memorandum of Understanding with Child Advocacy Centers as defined in Section 19-1-103(19.5), C.R.S., that is to include:
1. Protocols with advocacy center authorizing the use of their video tape or audio tape equipment;
2. Interviewers are to be qualified;
3. Interviews should meet the National Children's Alliance performance forensic standards for persons conducting these forensic interviews, as found in the National Children's Alliance Standards for accredited member programs; no later amendments or editions are incorporated. Copies of these standards are available from the Colorado Department of Human Services, Division of Child Welfare, 1575 Sherman Street, Denver, Colorado 80203, or at any State publications depository library;
4. The county department is not responsible for the training of the forensic interviewer employed by the advocacy center;
5. Procedures for conducting forensic interviews in a manner that is of a neutral fact-finding nature and coordinated to avoid duplicate interviews; and,
6. The child advocacy center shall provide technical assistance for forensic interviews, forensic medical examinations, or evidence collection or preservation.
C. Requests for services, from agencies, including other county departments or states, shall be responded to with the same level of attention and to the same extent as requests received from within the county, and as specified in each of the program areas.
7.601.3 COUNTY RESPONSIBILITIES TO ADVISE CLIENTS – COOPERATION AND RESIDENCE – AVAILABLE SERVICES
A. County departments shall ensure that clients are advised of their responsibility to work with the county department throughout service assessment, planning and delivery in court involved and voluntary cases, in order to establish and achieve common goals of safety, well-being and permanency. [FAILURE OF CLIENTS TO PARTICIPATE OR COOPERATE MAY RESULT IN MODIFICATION OR TERMINATION OF SERVICES.]
B. County departments shall ensure that clients are advised in writing and orally of the client's responsibility to report within thirty (30) calendar days, changes of circumstances affecting their eligibility.
C. When a client leaves the original county of residence that county department shall close its case file with exceptions found in individual Program Areas (e.g., Program Areas 3 and 5). Clients are to be advised of the county department’s action on the state prescribed notice of social service action form, if applicable.
D. County departments shall make reasonable efforts to advise county residents of services available through the state and county department by means of such methods as press releases, presentations, pamphlets, websites, social media and other mass media.
7.601.31 Required Notice of Rights and Remedies
A. All county departments shall utilize the state prescribed "Notice of Rights and Remedies for Families" in cases subject to Article 3 of the Colorado Children's Code, "Dependency and Neglect".
B. County departments shall add county-specific information to the state prescribed form and supply copies of the notice to all law-enforcement agencies within the county or district.
C. The notice shall be delivered at the time of a child's removal to the parent(s) and family from whom the child is removed by court order or by law enforcement personnel. The notice shall specify the cause of the removal of the child or children.
1. If the removal is an emergency pursuant to Section 19-3-401, C.R.S., a copy of the court order directing the removal of the child or children from the home shall be delivered to the family promptly upon its availability.
2. If the removal of the child or children is not an emergency, a copy of the court order directing the removal shall also be provided to the parents and family at the time of removal.
7.601.4 COUNTY RESPONSIBILITIES TO RESPOND TO REFERRALS
A. County departments shall have staff continuously available twenty-four (24) hours a day to receive referrals of alleged abuse and/or neglect, conduct initial reviews of such referrals and assess those referrals that are appropriate for child welfare services.
B. County departments shall establish written response protocols outlining the county plan for weekends, holidays, and after-hour coverage, to include:
1. How the county department will ensure that those individuals reporting abuse and/or neglect after hours are directed to the designated number or agency for response;
2. Requirements for thorough documentation to support the disposition or actions of the county department; and,
3. Requirements that referrals are entered into the state automated case management system as outlined in described in 7.103.9, A.
C. County departments shall ensure that personal, telephone, or written contact is made within five (5) working days of receiving a request for services that does not involve allegations of abuse and/or neglect or as otherwise specified for target groups within Program Areas.
7.601.5 MANDATORY REPORTING OF CHILD ABUSE AND/OR NEGLECT
All county department staff who have reasonable cause to know or suspect child abuse or neglect as set forth in Section 19-3-304, C.R.S., are mandated to report such information to the appropriate county department staff or local law enforcement.
7.601.6 CHILD PROTECTION TEAMS
A county department of [HUMAN OR] social services receiving fifty (50) or more referrals of child abuse and neglect per year shall have a multi-disciplinary child protection team in accordance with Sections 19-1-103(22) and 19-3-308(6), C.R.S.
7.601.7 COUNTY RESPONSIBILITIES FOR CASE DOCUMENTATION
A. There shall be case documentation in all active cases as required by the individual Program Area.
1. Frequency of case documentation of case activity will be at a minimum every six (6) months and more often as needed, according to the case plan or Family Service Plan.
2. Summary documentation updating a case record shall be done at least every six (6) months or whenever a case is transferred from county to county, between workers in a county, or when a case is closed.
3. For cases in Program Areas 4, 5, and 6, when there is a change in caseworker or a transfer of a service case to another county, the new caseworker shall have telephone or in-person contact with the child and/or provider within thirty (30) calendar days after the change or transfer.
B. A written narrative summary of case activity shall include, but is not limited to, the following (a court report containing the same information will suffice):
1. Ongoing assessment of individual and/or family functioning;
2. Assessment of progress toward objectives and goals;
3. Chronology of significant events including dates of occurrence;
4. Method of intervention/treatment and impressions of effectiveness;
5. Changes and/or refinements of case plan;
6. Type and extent of court involvement; and
7. Other significant individuals or agencies involved.
For cases in Program Areas 4, 5, and 6 in which an Administrative Review is substituting for a court review, the county shall assure that a written summary containing the above information is complete and present in the case file. The county shall submit this written summary with the Administrative Review findings to the court.
C. A case plan/agreement for each service period shall be developed which contains all of the required information.
D. Documentation of all pertinent contact sheets shall be prepared and prior to the periodic summary of such activities.
E. Evaluation and reassessments pertaining to each service period shall be conducted which reflect case movement toward the long-term goal.
F. A written summary shall be completed within thirty (30) calendar days of closure which shall include:
1. Summary of contacts;
2. Reason for closure;
3. Summary of services provided; and
4. Assessment of effectiveness of services in terms of client's stated goals including, where possible, the client's assessment of the experience.
7.601.8 COUNTY RESPONSIBILITIES TO DETERMINE AND DOCUMENT FUNDING SOURCE FOR THE PURPOSE OF REPORTING SERVICES AND TO GAIN MAXIMUM FEDERAL REIMBURSEMENT
If a child is determined eligible for services, the county department shall document the child's funding source eligibility on the Department's automated reporting system. This activity shall occur for each child opened on the department's automated reporting system. Eligibility shall be documented for each funding source for which the child is eligible.
Eligibility criteria and required time frames for determination are found in subsections 7.601.81 through [7.601.86 7.601.84].
7.601.81 Title IV-E Foster Care
Title IV-E of the Social Security Act provides federal matching funds to help pay for the cost of foster care for eligible children. It also pays for training and administrative costs associated with the delivery of services to Title IV-E eligible children.
A. Eligibility Verification and Documentation
1. Verification of the child's citizenship or alien status is required. Other information received by the county department to support a Title IV-E eligibility determination does not require verification unless it conflicts with other information in the possession of the department. If such a conflict occurs, the county department shall use verification procedures provided in the rules for the Colorado Works Program to resolve the conflict ([SECTION 3.140, ET SEQ.]; 9 CCR 2503-1).
2. The county department shall document each of the eligibility factors on the state prescribed form. The county must ensure that a copy of the signed voluntary placement agreement or court order and any required verification are present in the case file.
3. The county department shall use the following eligibility effective dates in the state automated case management system:
a. The eligibility effective date of the child for Title IV-E shall be the first day of the month in which all eligibility criteria for the child are met, but can be no earlier than the first day of placement.
b. The date of eligibility of the placement for reimbursements through Title IV-E is the first day of the month in which all the Title IV-E provider eligibility criteria are met.
c. With respect to the court order/petition, the date that is used is the date of the court order or the date a petition is filed for custody of the child which eventually leads to a court ordered removal of the child from the home.
B. Title IV-E Eligibility Criteria for a Child - Initial Determination
1. The child was removed from his/her parent(s) or other specified relative either by:
a. A voluntary placement agreement entered into by the child's parent or legal guardian; or,
b. Order of the court.
2. The first court ruling sanctioning the removal of the child from the home must contain findings to the effect that:
a. Continuation in the home would be contrary to the welfare of the child; or,
b. Out-of-home placement is in the best interests of the child.
If this “best interests” determination is not recorded in the first written court order, signed by a judge or magistrate, pertaining to the removal of the child from the home, a transcript of the findings and orders from the court proceeding is the only other documentation that can be accepted to verify that the required judicial determination was made. Neither affidavits nor subsequent “nunc pro tunc” orders are acceptable verification for meeting the “best interests” requirement.
3. There must be an order of the court within sixty (60) calendar days after the date the child is placed in out-of-home care with a finding to the effect that:
a. Reasonable efforts were made to prevent the removal of the child from the home; or
b. An emergency situation exists such that the lack of preventative services was reasonable; or,
c. Reasonable efforts to prevent the removal of the child from the home were not required. (See Section 7.304.53, B, 3, for circumstances in which the court may determine, that reasonable efforts to prevent removal are not required).
If a “reasonable efforts to prevent the removal” determination was made by the court as required, but was not recorded in the original written court order signed by the judge or magistrate pertaining to that judicial determination, a transcript of the findings and orders from the court proceeding is the only other documentation that can be accepted to verify that the required determination was made. Neither affidavits nor subsequent “nunc pro tunc” orders are acceptable verification for meeting this “reasonable efforts” requirement.
4. The county is granted legal custody of the child or the child is in out-of-home care under a voluntary placement agreement.
5. The child must have lived with a parent or other specified relative from whom the child is removed through a voluntary placement agreement or court-ordered custody with the county department in the month, or within the six (6) months preceding the month, in which the voluntary placement agreement was signed or court proceedings were initiated to remove the child.
6. A child removed through a “constructive removal” shall be determined Title IV-E eligible if all other applicable criteria for Title IV-E eligibility are met.
A constructive removal occurs when all of the following apply:
a. The child resides with a non-parent caretaker who is not the legal custodian or guardian of the child;
b. The child is court ordered into the custody of the county department or placed through a voluntary placement agreement; and
c. The child remains in the home of the caretaker who serves as the out-of-home care provider to the child after the county is awarded custody or obtains the agreement for voluntary placement.
7. To be eligible for Title IV-E, the child must be determined eligible for Aid to Families with Dependent Children (AFDC) in accordance with the July 16, 1996, regulations (and exceptions as allowed).
C. Title IV-E Eligibility Criteria of a Provider
For the placement costs of a Title IV-E eligible child to be claimable through Title IV-E funding the provider must be a Title IV-E eligible provider. An out-of-home provider must be fully licensed or fully certified to be a Title IV-E eligible provider.
Placement costs of Title IV-E eligible children placed with provisionally licensed or provisionally certified out-of-home care providers will not be claimable through Title IV-E foster care as they are not fully licensed or fully certified providers.
Administrative costs for an otherwise Title IV-E eligible child who is placed in less than fully licensed or fully certified out-of-home care placements are not claimable through Title IV-E funding, except when the child is placed with a relative and the relative is pursuing full foster care certification. Administrative costs can be claimed for up to six months while the child remains in placement with a provisionally certified relative provider.
Administrative costs are not claimable through Title IV-E funding for children who are placed in facilities that are not Title IV-E eligible facilities, such as a detention placement, except for the calendar month in which a child moves from a facility that is not eligible for Title IV-E funding to a Title IV-E claimable out-of-home care facility.
D. AFDC Eligibility Tests
Title IV-E requires that eligibility for Aid to Families with Dependent Children (AFDC) must be determined in accordance with the regulations as in effect on July 16, 1996, and exceptions as allowed. See AFDC rules from July 16, 1996. The AFDC eligibility month is the month court proceedings leading to the removal were initiated or the month in which a voluntary placement agreement was signed.
1. Living with a Relative - The child must have lived with a parent or other specified relative:
a. During the month in which court proceedings to remove the child were initiated or a voluntary placement agreement was signed; or,
b. Sometime within the six (6) months preceding the month in which court proceedings to remove the child were initiated or a voluntary placement agreement was signed.
2. Deprivation of Parental Support - The child must be deprived of parental support or care of one or both parents by reason of:
a. Death;
b Incapacity - physical or mental;
c. Continued absence from the home; or
d. Unemployment - deprivation due to unemployment exists when:
1) Both of the child's natural or adoptive parents resided in the removal home in the month the voluntary placement agreement was signed or court proceedings were initiated to remove the child from the home; and,
2) The household income, after AFDC income tests are applied, is less than the need standard for the household.
3. Determination of Need
The income and resources of the household members of the removal home must be within the allowable standards for an AFDC assistance unit. Refer to the AFDC rules from July 16, 1996, to determine which members of the household are considered in the determination of income and resources.
a. Resources - The family must have less than $10,000 in countable resources.
b. Income Test - The household income after AFDC income tests are applied must be less than the need standard for the household.
4. Additional AFDC Eligibility Factors
a. Age - The child must be under eighteen (18) years, or if over eighteen (18) but not yet nineteen (19) years of age, must be a fulltime student in a secondary school or in the equivalent level of vocational or technical training and expected to complete the program before age 19. Such children are eligible for Title IV-E though the month of completion of the educational program.
b. Citizenship - The child must be a United States citizen, naturalized citizen, or qualified alien to be eligible of Title IV-E. Refer to Section 3.140 of the Income Maintenance rules (9 CCR 2503-1).
c. Residency - The child must be a resident of Colorado. If the child's residency is from another state, that state is responsible for determining Title IV-E eligibility of the child.
E. Eligibility Factor - Voluntary Placement Agreement
1. A voluntary placement agreement must be completed and signed by the parent(s) or legal guardian and the county department.
2. Eligibility for Title IV-E foster care can begin no earlier than the signature date of the voluntary placement agreement.
3. Voluntary placement agreements are limited to ninety (90) calendar days. If placement of the child is to continue beyond ninety (90) calendar days, the county department must obtain a petition to review the need for placement that leads to a court order granting the county department legal custody.
4. There must be an order by the court within one hundred eighty (180) calendar days of the child's placement in foster care that “continued placement is in the best interests of the child”, or words to that effect. If such an order is not made by the court within the allowable one hundred eighty (180) calendar days, the child is not eligible for Title IV-E foster care reimbursement for the remainder of the child's placement in out-of-home care.
F. Eligibility Factor - Relinquishment
If a child is relinquished to the county department, the county shall petition the court to judicially remove the child even though the parent relinquished the child to the agency. Children relinquished to the county department can be Title IV-E eligible when:
1. The child had last been living with the parent within six (6) months of the date court proceedings were initiated.
2. The court order contains the findings shown at Section 7.601.81, B, 2.
3. The child meets other eligibility factors.
G. Minor Parent and Child in Mutual Care
A child residing in mutual out-of-home care with his/her adult parent is not considered removed from the parent because the child continues to reside with the parent in the same residence; therefore, the child is not IV-E eligible.
When the parent is a minor and the minor parent has been determined eligible for Title IV-E foster care, the child's placement costs are reimbursable through Title IV-E foster funding as an extension of the minor parent's cost of care.
H. Required Time Frames
1. The county department is responsible for determining the eligibility of every child entering out-of-home foster care within forty-five (45) calendar days of the placement date unless good faith efforts have been made and recorded in the child's record.
2. Counties shall redetermine eligibility using the state prescribed form every twelve (12) months from the date the child enters foster care.
I. Referral to Child Support Enforcement
The county department shall refer every child determined eligible for Title IV-E foster care to the county department's Child Support Enforcement Unit for child support services, except when the:
1. Child is in continuous placement for less than thirty-one (31) days.
2. Child's absent parent is unknown.
3. Best interests of the child would not be served, such as when parental rights have been terminated or the Family Services Plan documents that family contact is inappropriate.
4. Child's deprivation status under Title IV-E eligibility is “Unemployment”.
J. Redetermination of Title IV-E Eligibility Requirements
1. A court order must remain in effect which grants legal custody of the child to the county department or a petition to review the need for placement was filed and the court has ordered legal authority for continued placement within one hundred eighty (180) calendar days of the date a child entered out-of-home care by voluntary placement agreement.
2. Effective March 27, 2001, there must be an order of the court finding that the county department has made reasonable efforts to finalize a permanency plan. This finding must be made within twelve (12) months of the date the child enters foster care, and every twelve (12) months thereafter while the child remains in out-of-home care. If twelve (12) months elapse without this judicial determination, eligibility for Title IV-E foster care temporarily ends. Title IV-E eligibility can resume the 1st day of the month in which the finding is made.
K. Redetermination of Provider Eligibility
An out-of-home care provider must be licensed or certified to be a Title IV-E eligible placement. Placement costs for a Title IV-E eligible child are only Title IV-E claimable when a child is placed with a Title IV-E eligible provider.
Effective September 1, 2000, provisionally licensed or provisionally certified out-of-home care providers will not be claimable placements through Title IV-E foster care as they are not fully licensed or fully certified.
L. Reasonable Candidates
Reasonable candidates for foster care, for the purposes of Title IV-E program, are children determined to be at risk of imminent placement out of the home as defined in Section 19-1-103(64), C.R.S. Administrative costs may be claimed for children who are determined to be at imminent risk of removal from the home through a voluntary placement agreement or court-ordered custody with the county department. A determination must be made as to whether the child is at imminent risk of removal from the home no less frequently than every six (6) months. Reasonable efforts shall be made to prevent the removal of the child from the home until such time that pursuing removal of the child from the home becomes necessary.
7.601.82 Supplemental Security Income (SSI)
Supplemental Security Income is a federal monthly award granted to a child 0–21 years of age who has a verified disability.
A. Recipients of Social Security Administration (SSA) death benefits or Supplemental Security Disability Income for Dependents (SSDI) shall not be coded in this fund source.
B. The county department shall make application to the Social Security Administration for any child who is believed to meet Supplemental Security Income eligibility criteria. Application for Supplemental Security Income is required for all children enrolled in the Children's Habilitation Residential Program (CHRP) waiver.
C. Concurrent eligibility for Title IV-E foster care and Supplemental Security Income (SSI) is allowed.
D. Required Time Frames - Application for benefits shall begin within forty-five (45) calendar days of the child's out-of-home placement in appropriate cases.
7.601.83 Title IV-A Emergency Assistance
The county department shall determine eligibility for the Title IV-A Emergency Assistance Program anytime services are provided or purchased for families with children at risk of placement or when the worker transfers an intake case for on-going services.
A. Eligibility Factors
The eligibility determination shall be documented on the state prescribed form and shall include:
1. Whether an emergency exists, defined as the removal of a child from his or her home into publicly funded care or state or county supervision, or risk of such removal as determined by the responsible state or county agency officials.
2. Whether the child has lived with a relative anytime within the six (6) months preceding the Title IV-A Emergency Assistance application. See the Income Maintenance manual for requirements of relative (9 CCR 2503-1).
3. Whether the family's total gross annual income is under $75,000.
B. Maintenance of Effort (MOE)
Expenditures of services to or on behalf of eligible members of an Emergency Assistance eligible family can be attributed to the State's TANF Maintenance of Effort requirement if a child is living in the household with the parent or other adult relative. The Maintenance of Effort entitlement shall be recorded in the state automated case management system if a case is opened for the child.
C. Required Time Frames
The county shall complete the eligibility determination within thirty (30) business days of case opening. The eligibility effective date can be no earlier than the date when the application is initiated.
7.601.84 Without Regard to Income
The Without Regard to Income entitlement shall be the default funding stream when a case is opened in the state automated case management system.
7.601.9 COUNTY RESPONSIBILITIES TO REPORT FRAUD – RECOVER MONIES OWED
A. County departments shall refer, within ten (10) working days, to the appropriate investigatory agency and the district attorney any alleged discrepancy which may be a fraudulent act or suspected fraudulent act by a staff member, client, former client, or provider of services.
B. County departments shall seek recovery for the total amount of services costs if the county department finds that the individual was not eligible for the service or if fraud is established.
C. County departments shall take whatever action is necessary to recover payments when staff members, current or former clients and/or providers owe money to the state and/or county department because of overpayments, ineligibility and/or failure to comply with applicable state laws, rules or procedures.
7.602 STAFF AND VOLUNTEER QUALIFICATIONS
7.602.1 STAFF QUALIFICATIONS
A. The county department shall ensure that all personnel who supervise or provide professional services in child welfare services possess the necessary minimum qualifications:
1. Professional Entry (Training) Level Position
This position must have obtained a Bachelor's degree with a major in a human behavioral sciences field.
2. Professional Journey Level Position
This position must have obtained the skills, knowledge, and abilities to perform duties at the full independent working level through experience and education.
a. A Bachelor's degree with a major in a human behavioral science field and one year of professional caseworker experience acquired after the degree in a public or private social services agency; or,
b. A Bachelor’s of Social Work degree with a major in public child welfare and successful completion of an approved field placement in a county department of social/human services; or,
c. A Master's degree in social work or human behavioral sciences field.
3. HOTLINE STAFF (PLACEHOLDER)
4. HOTLINE STAFF SUPERVISOR (PLACEHOLDER)
5. Life Skills Staff Position
This position must have obtained a high school diploma or a General Equivalency Diploma (GED) and six (6) months full time public contact in human services or a related field. Substitution for public contact is successful completion of a certificate program and/or college course equivalent to public contact in human services or a related field.
6. Casework Supervisor Position
a. This position must have obtained a Bachelor's degree with a major in a human behavioral sciences field (no substitution) and three (3) years professional casework experience at the journey level obtained after the degree; or
b. A Master’s degree or higher in social work or human behavioral sciences field and two (2) years professional casework experience at the journey level obtained before or after the advanced degree.
7. Education Requirements
In order to meet the minimum educational requirements of a human behavioral science degree, the applicant must have a degree with major course work (equivalent to thirty semester hours or forty-five quarter hours) in either development of human behavior, child development, family intervention techniques, diagnostic measures or therapeutic techniques such as social work, psychology, sociology, guidance and counseling, and child development.
8. Waiver Process
If proven recruitment difficulty exists, county departments may request a waiver of these requirements by submitting a request to the State Department of Human Services, Division of Child Welfare Services.
B. The county shall ensure supervision of casework and case management staff through:
1. Review of individual and family assessments;
2. Family Service Plans;
3. Records maintenance and documentation, including updated information in the Department's automated reporting system; and,
4. Plans for termination of services.
These review findings shall be documented in writing by supervisory personnel and provided to the social service staff and state staff upon request.
C. All current and prospective employees of the county department, who in their position have direct contact with any child in the process of being placed or who has been placed in out of home care, shall submit a complete set of fingerprints to the Colorado Bureau of Investigation (CBI) that were taken by a qualified law enforcement agency to obtain any criminal record held by the CBI.
1. The person's employment is conditional upon a satisfactory criminal background check; and subject to the same grounds for denial or dismissal as outlined in Section 26-6-104(7), C.R.S., including:
a. Checking records and reports; and,
b. Individuals who have not resided in the state for two years shall be required to have a Federal Bureau of Investigation (FBI) fingerprint-based criminal history.
2. Payment of the fee for the criminal record check is the responsibility of the individual being checked.
3. Prospective employees who are transferring from one county department to another are not required to be re-fingerprinted if they complete the following process:
a. New employees must obtain their CBI clearance letter or a photocopy of their processed fingerprint card from their former employer. They must attach it to a new fingerprint card, with the top portion completed.
b. The new fingerprint card must include the new employer's address. “Transfer-County Department” must be inserted in the “Reason Fingerprinted” block.
c. The CBI clearance letter (or photocopy of the old fingerprint card) and the new fingerprint card must be sent with money order payable to the CBI.
d. County departments that have accounts with CBI are not required to send the money order, and they shall enter their CBI account number in the OCA block of the new fingerprint card.
7.602.2 VOLUNTEER QUALIFICATIONS
County departments may use volunteers to the extent feasible and practical in the administration and delivery of services. County Departments shall employ a process to screen volunteers if such persons’ responsibilities include direct contact with children.
7.603 CHILD WELFARE TRAINING ACADEMY REQUIREMENTS (Reserved for Future Use)
7.604 ANTI-DISCRIMINATION
Child welfare services programs shall be administered in compliance with Title II of the Americans with Disabilities Act of 1990, Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, and the requirements of section 504 of the Rehabilitation Act of 1973. No later editions or amendments are included. Copies may be obtained or examined during regular business hours by contacting the Director, Division of Child Welfare Services, at the Colorado Department of Human Services, 1575 Sherman Street, Denver, Colorado 80203; or any state publications depository library.
A. County department staff shall not deny a person aid, services, or other benefits or opportunity to participate therein, solely because of age, race, color, religion, creed, sex, national origin, political beliefs, method of payment, [SEXUAL ORIENTATION, VETERANS STATUS] or disability.
B. County departments shall make services available to all eligible children and their families, including disabled individuals, through hiring qualified staff or through purchase of necessary services.
C. County departments must be accessible to all [applicants CLIENTS] and recipients who wish to receive services, or the services must be made accessible at an alternate location, as set forth in the county written plan.
D. County departments shall have an affirmative action plan and a disability services plan.
E. County departments shall take reasonable and prudent steps to ensure that persons with limited English proficiency have meaningful and equal access to programs, services and information free of charge.
F. County departments shall take extra care to ensure that the choice of interpreter by a person with limited English proficiency is voluntary and made with the knowledge that a competent interpreter could be provided by the county department at no cost to the person with limited English proficiency upon request.
G. County departments shall post signs in reception areas, intake areas or other entry points in the department notifying persons with a physical or mental disability that auxiliary aids and services, including sign language, are available upon request.
7.605 CONFIDENTIALITY
Unless authorized in these rules the use or disclosure of information by the county department concerning current or former clients is prohibited.
7.605.1 CONFIDENTIAL INFORMATION PROTECTED
A. County departments shall treat all information as confidential according to applicable statutes, including, but not limited to, the following:
1. Names and addresses of current or former clients and services provided;
2. Information related to the social and economic conditions or circumstances concerning any individual including wage or income information or correspondence obtained from any source including state or federal agencies;
3. Agency evaluation of information about any individual;
4. Medical, psychological, or social evaluations including diagnosis or past history of disease, or disability of any kind; and,
5. The name, address, and any other identifying information of the reporting party in an abuse and/or neglect referral.
B. All confidential information shall be sorted and processed so that there are safeguards to ensure no unauthorized personnel can acquire or retrieve the information.
[C. WHEN THE USE OF ANY AND ALL RECORDS OBTAINED, CREATED, OR USED ARE NO LONGER NEEDED, THEY SHALL BE DESTROYED OR RETURNED. DESTRUCTION SHALL BE IN A SECURE MANNER, SUCH AS SHREDDING.]
7.605.2 PROCEDURES FOR RELEASE OF CONFIDENTIAL INFORMATION
A. County departments shall obtain written permission from the individual or family for the release of information, unless such release is otherwise authorized in these rules or by law or unless the referring agency has already secured written permission.
B. The release or use of information concerning current or former clients shall be restricted to persons or agency representatives who are subject to standards of confidentiality that are comparable to those of the state and county departments.
C. County departments shall apply these rules to requests for information from such groups or individuals as legislators, governmental authority, the courts, or law enforcement officials, as from any other source. Whenever there is a question about the legality of releasing information to persons seeking information from the county department, the requestor shall be advised to request the court to require the county department to produce the desired records or information within the custody or control of the county department.
7.605.21 County Responsible for Processing Inquiries Concerning Abuse and/or Neglect Referrals
A. The county department that entered the founded report of abuse and/or neglect shall process all inquiries submitted by the following types of entities or individuals:
A. Departments of human or social services, Court-Appointed Special Advocate Program (CASA), the courts or individuals authorized to review records and reports of abuse and/or neglect;
B. Individuals or child placement agencies approved to conduct home studies for out of home placement providers;
C. Governing bodies and citizen review panels for the purposes of carrying out their duties; and,
D. Inquiries from individuals who have been involved with the county department requesting a copy of the information pertinent to himself or herself or as having the legal responsibility or authorization to care for, treat, or supervise a child who is the subject of a report or record. The exception to this is employment and volunteer related background check inquiries (see sections 7.605.22, C and 7.701.32).
7.605.22 Sharing of Confidential Information Between Governmental Agencies – Administrative Reviews
A. County departments shall share appropriate information with other human or social services agencies and community professionals who care for, treat, or supervise a child to ensure coordination of services and protection of the child. Agencies or individuals receiving the information must have a need to know the information for the purposes of investigations and case management in the provision of services or the administration of their respective programs. County departments shall require that these agencies and persons have confidentiality standards. Release of information shall be obtained, when required.
B. Individuals participating in a kinship, foster care, or alternative service review of a child at the invitation of the county department shall be considered as part of the administration of the child welfare services program for purposes of handling confidential information. The role of such persons is to contribute information essential to the delivery of services to the child and the child's family. Information concerning the child and the child's family shall be considered confidential by all parties to the review system. Releases of information shall be obtained, when required.
C. Provisions for employment and volunteer related background check inquiries will be followed as outlined in section 7.701.32 "Use of Reports and Records of Child Abuse or Neglect for Background and Employment Inquiries".
7.605.23 Release of Confidential Information in Court Proceedings – Reporting Party
A. In a criminal or civil proceeding in which the county case record is subpoenaed or any county representative is ordered to testify concerning a current or former client, the court shall be advised through proper channels of the statutory provisions, policies, or rules and regulations concerning disclosure of information. Confidential information shall not be released in a judicial proceeding unless so ordered by the court.
B. Confidential information, such as the identity of the reporting party, shall not be released in a judicial proceeding unless so ordered by the court.
7.605.24 Release of Confidential Information to Clients
County departments shall define in writing and submit to the State department a process by which clients and former clients may obtain access to their case records. The following elements shall be included in the process:
A. Designated source (individual and position) within the county department who will handle client requests for records access;
B. Directions for maintaining a record of the requests;
C. Time frames for responding to requests;
D. Directions for individuals requesting access to records;
E. How editing is to occur and by whom (removal or reporting party information; removal of other confidential information which is protected by law);
F. Charges involved for the requestor; and,
G. Warning regarding the sharing of confidential information by the requestor.
7.605.25 Release of Confidential Information for Conflict Resolution Purposes
For purposes of carrying out the conflict resolution duties as set forth in section 19-3-211, C.R.S., county governing bodies and citizen review panels shall be given access to child abuse and/or neglect records or reports related to specific grievances under their purview. County departments shall ensure that members understand the confidential nature of such information.
7.605.3 USE OF CONFIDENTIAL INFORMATION – RELEASE NOT REQUIRED
7.605.31 Internal Inquiries
County departments shall perform inquiries into the state automated case management system for information pertaining to their own internal county department operations, including, but not limited to:
A. Investigations and assessments of allegation of abuse and/or neglect;
B. Certifying individuals as county kinship providers, county foster and/or adoptive homes; and,
C. Screening of county department employees and volunteers if such persons’ responsibilities include direct contact with children.
7.605.32 Assessments of Known or Suspected Incidents of Child Abuse and/or Neglect
County departments shall provide child abuse and/or neglect records and reports to the law enforcement agency, district attorney, coroner, or county department investigating or assessing a report of a known or suspected incident of child abuse and/or neglect or treating a child or family which is the subject of the report.
7.605.4 PERMITTED USES OF CONFIDENTIAL INFORMATION
To the extent county departments may access and use confidential information as described above, such access and use is permitted only for purposes directly connected with the administration of child welfare programs and related State Department activities which include:
A. Administration of county child welfare programs:
1. Establishing of eligibility;
2. Determining amount and type of services to be provided; and,
3. Providing services.
B. Any investigation, prosecution, or criminal or civil proceeding in connection with the administration of the program.
[C. Any records or reports that are unconfirmed may only be used to assist in future risk or safety assessments.]
7.605.5 PENALTY FOR UNAUTHORIZED RELEASE
Any person who willfully permits or who encourages the release of data or information related to abuse and/or neglect contained in the state automated case management system to persons not permitted access to such information, commits a Class 1 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.
7.606 CHILD WELFARE GRIEVANCE RESOLUTION PROCESS
The governing body of each county, and city and county, shall establish a grievance process, including a citizen review panel, as required by Section 19-3-211, C.R.S. A grievance filed by a complainant concerning the conduct of a county department employee can be submitted to the county department or the Colorado Department of Human Services Client Services unit.
The following requirements apply to the grievance process:
A. Definitions
"Grievance" means a complaint filed by a complainant regarding the conduct of an employee of a county department of social services in performing his/her duties under Article 3 of the Children's Code. "Grievance" does not include complaints regarding conduct by the courts, attorneys, law enforcement officials, employees of the State, foster parents or other providers of services to children, or other family members.
"Citizen Review Panel" means an advisory body appointed by the governing body of a county or city and county pursuant to Section 19-3-211, C.R.S. The members of such citizen review panel shall be appointed by the governing body without influence from the State Department or the county department, be representative of the community, have demonstrable personal or professional knowledge and experience with children, and not be employees or agents of the State Department or any county department. At least one member of the citizen review panel in each county and city and county shall be the parent of a minor child at the time of his or her appointment to serve on such panel.
"Complainant" means any person who was the subject of an investigation of a report of child abuse or neglect or any parent, guardian, or legal custodian of a child who is the subject of a report of child abuse or neglect and brings a grievance against a county department in accordance with the provisions of Section 19-3-211, C.R.S.
"Conduct" means the manner in which a county department employee behaves when performing his/her duties under Article 3 of the Children’s Code. If an employee makes a decision that is appealable under Colorado statutes and the rules governing child welfare services, an individual may pursue those remedies. The grievance resolution process does not modify the time frames for pursuing the other forms of relief available under Colorado statutes and the rules governing child welfare services.
"Governing body" means the board of county commissioners of a county, or a city council of a city and county, in accordance with Section 19-1-103(54), C.R.S.
"Recommendation" means a proposed course of action that may be implemented by a county director to resolve a grievance. These proposed actions may include reassigning a case to a different employee, requiring an employee to receive training, or administering disciplinary action to an employee, subject to applicable safeguards afforded to the employee through the personnel system under which the employee is employed.
B. Time Frames for Resolving Grievances
Any grievance shall be forwarded to the county director for internal resolution within ten (10) working days after it has been received by the county department.
The county director shall act on the grievance within twenty (20) calendar days after s/he receives it. If the county director is able to resolve the grievance to the complainant's satisfaction, s/he will issue a written decision setting forth the resolution. If the county director is unable to resolve the grievance to the complainant's satisfaction within twenty (20) calendar days and the complainant has requested the grievance be referred to the Citizen Review Panel, the county director shall immediately refer the grievance to the Citizen Review Panel, together with the county directors proposed resolution of the grievance.
Within thirty (30) calendar days after receipt of the grievance from the county director, the Citizen Review Panel will review or convene a hearing on the grievance and send a written recommendation regarding the grievance, together with the basis for its recommendation, to the county director and the complainant.
If the county director agrees with the Citizen Review Panel's recommendation, s/he will issue a written decision implementing the recommendation. If the county director or the complainant disagrees with the recommendation, the grievance shall be referred to the governing body.
Within thirty calendar days of receiving the grievance, the governing body shall send its written recommendation regarding the grievance, together with the basis for the recommendation, to the complainant, the county director and to any county employee who is the subject of the grievance. The county director shall issue a final decision including his/her plan to implement the governing body's recommendation, and shall send a copy of this report to the complainant and to the county employee who is the subject of the grievance. Within thirty calendar days after issuing this final decision, the county director shall submit a written report to the Citizen Review Panel including a disposition of the grievance, and shall send copies of the report to the complainant and to the county employee who is the subject of the grievance.
C. Citizen Review Panel
1. Access to Information and Confidentiality
A Citizen Review Panel shall have access to child abuse or neglect reports and any information from the complete case file that the governing body believes is pertinent to the grievance, which shall be reviewed solely for the purpose of resolving grievances pursuant to the provisions of this section, except that access to identifying information concerning any person who reported child abuse or neglect shall not be provided and no participant in the conflict resolution process shall divulge or make public any confidential information contained in a report of child abuse or neglect or in other case file records to which he or she has been provided access.
2. Informal Testimony
Upon the request of the complainant, the county department, or the subject of a grievance, a citizen review panel may receive testimony from experts or other witnesses. Such testimony must be provided voluntarily and without a fee. Further, such testimony will be provided without an oath, will not be subject to objections from parties to the grievance process, and the witness will not be subject to cross examination. Members of the Citizen Review Panel, however, may ask questions of the witness as the panel's procedures permit.
3. Scope of Inquiry and Recommendations
The Citizen Review Panel shall only inquire into and make recommendations concerning grievances as presented by a complainant and as defined above. The Citizen Review Panel may not access records or receive testimony unless the record or testimony is directly related to a grievance property referred to the panel. Once the panel has made a recommendation concerning a grievance, or the time for making such a recommendation has expired, the panel may not inquire further into the grievance. The panel may not inquire into the conduct of courts, attorneys, law enforcement officials, employees of the State, foster parents or other providers of services to children, or other family members, nor may the panel inquire into the conduct of a county department employee if no grievance concerning that employee or that conduct has been properly referred to the panel.
The authority of the Citizen Review Panel is limited to making recommendations as defined above. Specifically, the panel may only recommend actions that:
a. Will resolve a particular grievance concerning the conduct of a county department employee performing his/her duties under Article 3 of the Children's Code; and,
b. Can be implemented by the County Director.
D. Annual Reports
On or before July 31 of each year, every county or city and county shall submit to the State Department an annual report regarding the resolution of grievances pursuant to this section. At a minimum, this report shall include:
1. The number of grievances received by the County Director, the number of grievances referred to the Citizen Review Panel, the number of grievances referred to the governing board, and the actual time frames for resolving grievances at each level.
2. A brief description of the disposition of the grievances, including the number that were concluded without any action taken, the number which were substantiated, the number resolved by case reassignment, the number resolved by requiring additional training, the number resolved by imposing disciplinary action against a county employee, and the number resolved in other ways.
3. A copy of its county grievance policy; and,
4. A list identifying the Citizen Review Panel members.
E. Counties shall publicize:
1. The availability of the process for all dependency and neglect cases through the "Notice of Rights and Remedies" and by informing child welfare clients, guardians, and legal custodians of the process during the initial contacts with parties and periodically throughout the provision of services related to dependency and neglect cases.
2. The rights and remedies for families as specified in Section 7.601.31.
3. Any other information about the process as deemed relevant by the governing body.
7.607 COUNTY RESPONSIBILITIES FOR PURCHASE OF SERVICE, CONTRACTING AND ADMINISTRATIVE SERVICE
7.607.1 DEFINITIONS
A. “Administrative services” are personal services delivered by an individual or organization in lieu of the services being delivered directly by county department employees within the Merit System or county personnel system.
B. “Program services” are direct program costs.
1. Non-contractual program case services are a type of program service obtained by purchase for a specific client or client groups without the use of a contract. These involve a direct payment to a client or one-time or irregular vendor payment for services provided to a specific client where a contract would be difficult or impossible to obtain.
2. Contractual program services are obtained by purchase for a specific client or client groups and a contract is required.
7.607.2 CONTRACTING REQUIREMENTS
A. The county department shall enter into a contract before the initiation of administrative or program services, except for non-contractual program case services identified in this section.
B. The county department shall initiate a written corrective action plan or terminate the contract when it determines that services do not comply with the terms of the contract.
C. The county department has direct responsibility for, and shall not purchase activities of:
1. Service eligibility determination or redetermination;
2. Development of the Services Agreement or Family Services Plan;
3. Authorization of purchased services;
4. Service fee determination; and,
5. Monitoring of purchased services.
D. County department employees shall not act as a provider of purchased program services.
E. The county shall purchase services only when the rates of payment for services do not exceed the amounts reasonable and necessary to assure the quality of service. Reasonable means the cost does not exceed the community prevailing rate. Necessary means the service is directly related to the client's need.
F. When contractors are required by statute to be licensed, registered, or certified in order to perform the purchased service, county departments of social services shall assure that such requirements are met, before the execution of the contract. In addition to or in the absence of such statutory requirements, the contractor shall meet standards or criteria as established by the State Department. All personnel engaged in the administration or direct delivery of services purchased by the county department shall meet qualifications as provided under Merit System rules and regulations or an approved county personnel system.
G. The county department shall purchase services only from contractors independent of the county. State reimbursement shall be available only for purchase of service contracts where the relationship between the county department of social services and the contractor is a relationship of employer-independent contractor, not that of employer-employee.
H. In cases where the contractor status is not clear, status resolution shall be in favor of the employee status classification.
I. For program or administrative contracts in the amount $10,000 or less, the county department may use its own selection criteria for awarding purchase of service contracts.
J. The county department shall establish a separate file for each contract in excess of $10,000 and include the following documentation:
1. Supporting the basis for award cost or price; and
2. Identifying the procurement method used (formal advertising or negotiation).
a. If formal advertising was used, the county shall include descriptive material used to solicit bids and copies of published bid solicitation notices.
b. If negotiation was used, include justification for using this procurement method. Justification shall include one or more of the five acceptable reasons for negotiation listed below.
K. The county department shall use the most formal procurement method that is possible and practical.
1. Formal advertising is the procurement method that involves open and free competition (i.e., public notice of bid solicitations, a clear and adequate description of the technical requirements for the service to be procured, sealed bids, and the public opening of bids).
2. Procurements may be negotiated if it is not practicable or feasible to use formal advertising. Generally, such procurements may be negotiated if one or more of the following conditions prevail:
a. The public exigency will not permit the delay incident to advertising.
b. The material or service to be procured is available from only one person or firm.
c. The contract is for personal or professional services, or for any service to be rendered by a university, college, or other educational institution. (Personal services here refer to a contract with an individual for the services of that individual. Professional services refer to services rendered by a person or organization licensed or certified by the state.)
d. No acceptable bids have been received after formal advertising.
e. Formal advertising is otherwise not practicable or feasible, and negotiation is authorized by applicable law, rules, or regulations.
L. Excluded from requirements of this section "Purchase of Services," are services purchased under the Employment First Program.
M. Any county department and child placement agency entering into a contract for the provision of foster care services shall include a provision in the contract that recognizes a right of the State Department or county department to recover any funds misused by the Child Placement Agency and to withhold subsequent payments. The provision in the contract shall provide for an appeal of the decision to recover or withhold the funds.
7.607.3 PURCHASE OF PROGRAM SERVICES
A. The purchase of program services:
1. May or may not require a contract depending upon the specific service purchased.
2. Does not require state department prior approval as long as the service is authorized by state rule.
B. Authorized Non-Contractual Program Case Services
1. Transportation for children in out-of-home care, limited to the following purposes:
a. For return of runaways, who are in county department custody, to their Colorado home county.
b. For a child in out-of-home care to receive services specified in the Family Services Plan that are directly related to visitation and reunification.
c. To facilitate a permanent plan through the Interstate Compact.
d. To access one-time physical, dental, and psychological examinations for children in out-of-home care who are not Medicaid eligible and have no other insurance.
2. A one-time physical, dental, and psychological examination for children in out-of-home care who are not Medicaid eligible and have no other insurance.
3 Case services authorized in the Adoption Services and Relative Guardianship Assistance Program sections that are specified in a current signed Adoption or Relative Guardianship Assistance Agreement.
4. Other case services provided to children in out-of-home placement when such services are not a part of either room and board or Medicaid treatment or case management services.
C. Contractual Program Services
1. Services may be obtained by purchase for specific clients using the standardized form contracts, identified by number in the paragraph below. Standardized form contracts comply with federal and state statutes and/or regulations for the purchase of service.
a. Child Welfare Child Care: Use contract form SS-19 as appropriate.
b. Child Foster Care Service: Use state authorized contract forms as appropriate.
c. Psychological Evaluations, when purchased once and not through an agency contract: Use contract form SS-21B. Psychological evaluations shall not be purchased for children or adults who are eligible for Title XIX (Medicaid). Third party payment for psychological evaluations shall be used as first payer where possible.
1) Limited purposes for children:
a) For assessment of the need for protection - includes psychological evaluations for parents or substitute caretakers. Substitute caretakers are persons providing care as an alternative to the parent, i.e., includes guardians or legal custodians and excludes foster parents.
b) For foster care placement.
c) For adoptive home placement.
2) Limited purposes for adults:
For biological parents, on behalf of children in foster care.
d. Physical evaluations, when purchased once and not through an agency contract shall use the state authorized contract form. Physical evaluations shall not be purchased with program service funds for children or adults who are eligible for Title XIX (Medicaid). Third party payment for physical evaluations shall be used as first payer where possible.
1) Limited purposes for children:
a) Needing assessment of need for protection.
b) In Child Welfare Child Care.
c) In out-of-home care.
e. Evaluation shall include the cost of the examination as well as any written and/or verbal interpretation of the results of the psychological or physical evaluation.
Core Services Program Services: County departments with state approved Core Services plans may use Form FPP-1 or develop and use their own contract for the purchase of Core Services. County developed contracts shall meet the contract content requirements provided in Section 7.607.4, D.
D. Billing and Payment
County department billings for the purchase of program service shall follow state procedures.
7.607.4 ADMINISTRATIVE SERVICES
A. The purchase of administrative services requires:
1. A contract; and,
2. State Department approval.
B. The content of all administrative contracts shall comply with the requirements as established by the State Department.
C. The county department shall monitor the provision of services at least every six (6) months under an administrative service contract for compliance with the contract and maintain written documentation of such monitoring including dates of monitoring and results/conclusions.
D. Contract Content
1. If a county department determines that certain administrative services are to be purchased, the county department shall negotiate terms and write a contract for the purchase.
2. When the county department writes an administrative service contract, the contract shall contain:
a. All terms of the contract in one instrument, be dated, and be executed by authorized representatives of all parties to the contract prior to the date of the implementation;
b. A definite beginning and ending date for provision of services up to a maximum of one (1) year duration;
c. A detailed description of the services to be provided and of the methods, including subcontracting, to be used by the contractor in carrying out its obligations under the contract;
d. A stated number of units of service at a specific dollar rate, and/or for a specific dollar amount;
e. The method and source of payment to the contractor;
f. The source of funds and provision that "Payment pursuant to this contract, if in federal and/or state funds, whether in whole or in part, is subject to and contingent upon the continuing availability of federal and/or state funds for the purposes hereof”;
g. Provision that no fees shall be imposed by the contractor related to services provided under this contract;
h. Provision that the contractor meets applicable state licensing requirements, and/or federal standards and/or qualifications as provided under Merit System rules and regulations or county personnel system;
i. Provision that contractor strictly adheres to all applicable federal, state, and local laws that have been or may hereafter be established;
j. The address(es) of facilities to be used in providing services;
k. Provision that the contractor shall comply with the requirements of the Civil Rights Act of 1964, the requirements of Section 504 of the Rehabilitation Act of 1973, Americans with Disabilities Act, and for safeguarding information according to rules of the State Department;
l. Provision that any subcontracts permitted by the contract shall be subject to the requirements of the contract as listed here, and that the contractor is responsible for the performance of any subcontractor;
m. A statement specifying requirements for fiscal and program responsibility, billing, records, controls, reports, and monitoring procedures;
n. Provision for access to financial, program, and other records pertaining to services provided under this contract by county, state, and federal officials, and others as authorized in writing by the county;
o. Provisions for contractor to keep financial, program, or other records pertinent to this contract for a period of 5 years from the contract termination date;
p. Provision that the parties of the contract intend that the relationship between them contemplated by the contract is that of employer-independent contractor;
q. Provisions for termination by either party including the manner by which termination will be effected and the basis for settlement. In addition, such contracts shall set forth the conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor; and,
r. For contracts over $10,000 certain provisions that will allow for administrative, contractual, or legal remedies in instances in which contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate; and for contracts in excess of $100,000, the contract must contain provisions for compliance with the Clean Air Act and the federal Water Pollution Control Act.
E. Additional County Option Contract Components
The county department may add optional provisions to the above required standard contract items.
F. Billings and Payment
1. County department billings for administrative service contractual purchase of services shall follow state procedures.
2. State Department reimbursement for a properly approved county administrative service contract is subject to the availability of funds within the county's allocation.
7.608 HUMAN IMMUNODEFICIENCY VIRUS (HIV) POLICY
7.608.1 DEFINITIONS
[A.] Acquired Immunodeficiency Syndrome (AIDS): The late stage of the illness triggered by infection with Human Immunodeficiency Virus (HIV). A person receives an AIDS diagnosis when he or she has a CD4 (helper 1-cell) count of less than 200 and/or certain opportunistic infections common with advanced immune deficiency.
[B.] HIV: The detection by laboratory antibody tests of the presence of the Human Immunodeficiency Virus (HIV) in an individual.
[C.] Universal Precautions: Measures used to keep a barrier between a person and blood and/or other infectious bodily fluids. The precautions are published by the Centers for Disease Control as accepted methods of preventing the spread of infectious disease and, when used routinely and properly, are sufficient to control the spread of infectious blood borne diseases, including HIV. Following are the universal precautions:
[A. 1.] Universal precautions apply to blood and to other body fluids containing visible blood. Blood is the single most important source of HIV in a care giving setting.
[B. 2.] Universal precautions also apply to semen and vaginal secretions. Although both of these fluids have been implicated in the sexual transmission of HIV, they have not been implicated in transmission from client to care providers.
[C. 3.] Universal precautions do not apply to feces, nasal secretions, sputum, sweat, tears, urine, saliva and vomitus unless they contain visible blood. The risk of transmission of HIV from these fluids, while theoretically possible, is extremely low or nonexistent.
[D. 4.] In any contact with visible blood, use a barrier such as latex gloves. When these are not immediately available, such as immediate response to a nosebleed or wound, use a barrier such as a towel. If hands are exposed to blood, they must be washed with soap and water immediately after contact.
7.608.2 Testing and Confidentiality
A. For children and youth in the legal custody of the county department of human or social services, the county department shall recommend to the medical care provider that the child or youth be tested for HIV based on determination of risk including the following considerations:
1. Specific medical reasons for testing related to the well-being of the child or youth.
2. Authority to test based on legal mandates or the informed consent of the client or those authorized to make medical decisions for the client.
3. Mandatory pre and post test counseling shall include age appropriate information regarding the illness, assistance in dealing with psycho social issues, information about safer sex and a risk reduction plan.
4. A plan shall be developed for re-testing based upon risk behaviors.
5. In the event a child or youth refuses to consent to testing for HIV, the medical care provider shall be requested to provide counseling to the child.
B. Confidentiality
Section 25-4-1405(6), C.R.S., allows for minors to be examined and treated for HIV infection without the consent of the parent or guardian. Further, if the minor is age sixteen (16) or older, the results of the examination or treatment need not be divulged to the minor's parent or guardian, or to any person, unless necessary under reporting requirements of Title 25 or Title 19, C.R.S.
In the event that the county becomes aware of positive HIV test results, the county shall develop a plan for confidential management of test results and HIV status. The county's policy may limit access to the test results based on the need to know and must comply with provisions of Title 25, Article 4, Part 14, C.R.S. The need to know shall include, but not be limited to:
1. The care provider, with consideration of his or her capacity to provide appropriate physical and emotional care to a child or youth who is HIV-infected and his or her capacity to appropriately manage confidentiality issues. In the case of residential child care facility, residential treatment center, or child placement agency placement, HIV information shall be provided to the person designated by the facility to coordinate medical care.
2. The caseworker and supervisor for the child or youth, who must manage the case including medical care.
3. Child's biological parents based on the determination of risk to the child. The county department shall include the child's parents in decisions for medical procedures and treatment based on risk to the child, except where parental rights have been terminated.
7.608.3 SERVICE PROVISIONS
7.608.31 Non-Discrimination
The status of being at risk for HIV exposure or being diagnosed with HIV/AIDS shall not be a cause for denial of services.
7.608.32 General Services
The county department shall identify and may refer for medical evaluation children or youth in county custody who are at risk of HIV infection, considering the following factors:
A. Infants born to known HIV infected mothers or mothers with high risk behavior.
B. Children who have been involuntary sexual partners because of sexual assault, rape, incest and/or sexual abuse.
C. Children with hemophilia who were exposed to blood or blood products before 1985 or children or youth who have received blood transfusions before March 1985.
D. Children engaged in injection drug use past or present, including other injection behaviors such as needle sharing.
E. Children engaged in unprotected, oral, vaginal, or anal intercourse.
7.609 FEES – RECORDS AND REPORTS
A. The county department may assess a fee for the reproduction of county documents. Such fees may be waived in accordance with county policy.
B. The State Department shall assess a uniform fee for the purpose of conducting employment, volunteer, placement and adoption background screening to determine if the individual has been confirmed in the state automated case management system as a person responsible in a child abuse and/or neglect incident. The fee shall be established by the State Department not to exceed the direct and indirect costs of administering Section 19-1-307(2)(i), (k) to (o), and (t), C.R.S., and Section 19-3-313.5(3) and (4), C.R.S.
C. The State Department shall review the fee at least annually to determine whether the fee is consistent with funding the direct and indirect costs indicated above.
D. The State Department is authorized to set the fee not to exceed $35, taking into consideration the appropriation level set by the General Assembly and the fund balance of, and the funds collected and paid into, the Records and Reports Cash Fund.
E. The State Department shall not set the fee above $35, unless specifically approved by the State Board of Human Services. The State Department shall notify the State Board of Human Services of changes to the fee at least annually upon the assessment of the fee.
F. When the State Department anticipates changing the fee under the parameters set forth above, the State Department shall notify interested persons, at least thirty (30) calendar days in advance, if practicable, to obtain public comment to consider prior to the change.
G. The State Department shall notify interested persons by way of the Department's Background Investigations Unit website and through information provided by the Background Investigations Unit when responding to background screen requests.
7.610 LOCAL DISPUTE RESOLUTION PROCESS
A. County department staff shall advise clients orally and in writing at the time of application of their right to appeal a county department decision either to the State department for a fair hearing and/or to the county department for a local level dispute resolution conference.
B. [Applicants CLIENTS] or recipients shall be advised in writing and provided an opportunity for a county level dispute resolution conference within ten (10) calendar days of the mailing date of notice of a decision by the county department of the denial, decrease, discontinuation, or modification of human or social services, and/or Medicaid for children in foster care. Refer to the Income Maintenance rules, Section 3.840 (9 CCR 2503-8), for the proper policy and procedures for noticing and conduct of the local conference.
7.611 STATE APPEAL
County departments shall advise clients in writing of their right to appeal from adverse decisions of county departments. When issuing a written adverse decision, county departments shall include complete information on appeal rights, including any right to a local conference with the county department.
The rules governing the appeals process, including timeframes and notice, are set forth in rule section 3.850 (9 CCR 2503-8). Appeals of confirmed abuse and/or neglect shall proceed in accordance with Sections 7.202.604 through 7.202.609 (12 CCR 2509-3).
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